When your identity is the crime, innocence is no defense
“Beety . . . fills important gaps in our conversation around the criminal justice system and innocence.” —Jen Marlowe, author of I Am Troy Davis
A woman miscarries—and is charged with murder. A new mother tests positive for a drug her hospital administered—and loses custody of her newborn. Four women are convicted of horrific crimes against children they never touched, based on junk science and homophobia—and spend nearly twenty years in prison before being exonerated. A queer teenager takes a photo of a child’s diaper rash at work—and is sentenced to 126 years. These cases are not aberrations. They are symptoms of a system that punishes women and queer people not for what they have done, but for who they are.
In the United States, nearly three-quarters of all wrongly convicted women were convicted of crimes that never occurred at all. Valena Beety, co-founder of the Indiana Innocence Project and award-winning legal scholar cited by Justice Sonia Sotomayor, reveals how ordinary tragedies—a child’s sudden death, a husband who dies in his sleep—are transformed by prosecutors into murders that never happened. These “no crime” convictions disproportionately target women and queer people, whose identities are recast as evidence of guilt through bias, junk science, and entrenched stereotypes.
Drawing on devastating real-life cases, Beety exposes how prosecutorial overreach, flawed forensic science, and cultural panic converge—and how fetal personhood laws, the fall of Roe v. Wade, and anti-LGBTQ+ legislation have dramatically expanded the reach of criminal law. What emerges is a chilling portrait of a legal system that increasingly criminalizes pregnancy outcomes, motherhood, and queer identity itself.