In April 2016, Hernández was found on the floor of her bathroom drenched in blood. She was taken to a local emergency room in her hometown of El Carmen, roughly 40 kilometers (about 25 miles) east of the capital by her mother and a neighbor.
Doctors who examined her saw signs of a delivery but no baby and reported her to the authorities. When local officials arrived at her home five hours later, they found the newborn dead in a septic tank.
..”It seems the judicial system is starting to understand that stillbirths are not crimes, they are obstetric emergencies,” Guillen told CNN. “People in El Salvador now understand that the law, as it stands right now, criminalizes women in poverty.”
…Most of the women who have faced criminal charges for abortions in El Salvador come from poor rural backgrounds, and many suffered miscarriages or had obstetric complications because they weren’t able to get regular checkups due to lack of resources.
…Prosecution witnesses presented evidence that suggested that the baby died from complications during the delivery.
…Prosecutors had asked for the longer sentence during her retrial, even after evidence of a stillbirth was presented by their witnesses.