Past perfect!

Hi,

I have a problem concerning the past perfect.

I did this sentence (it´s about infanticide in the 18th century)

Context:

Additionally, authorities wanted to appeal to societies’ moral understandings regarding sexuality. In fact, unwelcomed behavior like pre-marital sex and the consequences of birthing bastard children was considered immoral and thus, to be avoided (62-63). The introduction of the act “An Act to Prevent the Destroying and Murthering of Bastard Children” was intended to contribute to resolving the mentioned concerns. This law primarily targeted unmarried women who had concealed their pregnancy to not inform anybody or ask for help whilst being in labor (21 James I, c. 27). This also included the unmarried women whose newborn was either dead or missing (21 James I, c. 27).

Sentence with past perfect

A mother was charged guilty unless at least one person had witnessed that she had given birth or unless the accused could prove that she had made preparations regarding childbirth or for the child itself (Martin 21).

Is this correct?

I mean to say that both happened before the possibility of being charged guilty but I have this other option in mind "had witnessed" and "her giving birth", but I don´t know why or what the difference between the two is!?

Additionally, if I meant to say that the witness testified in court I would have to say "witnessed" and "had given birth", right?

Thanks!