In response to a statement from an attorney who claimed women could face criminal charges for miscarriage, a group of prosecuting attorneys in West Virginia said women experiencing miscarriage do not have to notify law enforcement and will not face criminal prosecution.
Key Takeaways:
- Preborn children are protected from abortion in West Virginia except for those conceived in rape or incest and those whose mothers face medical emergencies during pregnancy.
- Raleigh County Prosecuting Attorney Tom Truman said during both local and national interviews that women in West Virginia should contact local law enforcement to inform them of a miscarriage in order to avoid potential criminal charges.
- A group of prosecuting attorneys in West Virginia has come forward to make it “abundantly clear” that women who experience miscarriage are not required to notify law enforcement or face potential criminal prosecution.
The Backstory:
On May 30, Raleigh County Prosecuting Attorney Tom Truman said that numerous prosecuting attorneys in West Virginia had spoken with him about their willingness to file criminal charges against women who have miscarriages under the state law related to the disposal of human remains, which includes instructions on handling the body of a “fetus, irrespective of the duration of pregnancy…”
“The kind of criminal jeopardy you face is going to depend on a lot of factors,” Truman claimed. “What was your intent? What did you do? How late were you in your pregnancy? Were you trying to hide something, were you just so emotionally distraught you couldn’t do anything else?”
“If you were relieved, and you had been telling people, ‘I’d rather get ran [sic] over by a bus than have this baby,’ that may play into law enforcement’s thinking, too,” he said.
He added that he thought there could be a difference between those who miscarry before (a very arbitrary gestational age of) nine weeks and those who miscarry after. “Those are going to be decisions that are going to have to be parsed out,” he said.
In another interview with CNN, Truman said, “It’s a different world now, and there’s a lot of discretion that prosecutors have, and some of them have agendas where they would like to make you an example.”
Although there is no state law saying women must inform law enforcement of a miscarriage, and Truman said he was personally unwilling to file charges against a woman, he claimed other prosecutors might do so. He told women who miscarry, “Call your doctor. Call law enforcement, or 911, and just say, ‘I miscarried. I want you to know.'”
READ: FACT CHECK: Media deceives by omitting facts, and by likening miscarriage to abortion
The Details:
Luke Furbee, president of the West Virginia Prosecuting Attorneys Association (WVPAA), contradicted Truman’s claims. He said that the topic has not “been widely discussed among West Virginia prosecutors, nor does it need to be.”
“The WVPAA does not agree with or support the idea that experiencing a miscarriage could, or should, trigger criminal liability. Such a position is contrary to both the law and the values held by prosecutors across our state, who remain committed to justice, compassion and the appropriate application of criminal statutes,” the WVPAA said in a statement.
“We urge the public and media to rely on verified, accurate legal information and to contact the WVPAA with any questions about prosecutorial perspectives or the interpretation of West Virginia law,” the WVPAA added.
Reality Check:
While West Virginia Watch reported that “women around the country have faced charges related to miscarriages,” this is untrue.
Brittany Watts and Selena Chandler-Scott were both arrested for how they attempted to dispose of the bodies of their miscarried babies — and were ultimately released. Another woman, Mallori Patrice Strait, was charged with abuse of corpse after her baby was extracted from a toilet in a Whataburger restroom — but the charges against her were dropped as well.
When experiencing a miscarriage, most women will, as Truman suggested, call their doctors as advised; if they are experiencing complications, they will likely call 911 for help or visit an emergency room. Miscarriage is an extremely painful experience. These cases mentioned above, and others like them, were likely prosecuted because the circumstances involved were atypical.
The Bottom Line:
The goal of pro-life laws (or even laws pertaining to the improper disposal of human remains) is not to punish women who have natural miscarriages but to prevent the intentional killing of preborn children. Regardless of state pro-life laws, the unusual discovery of disposed human remains should never be treated as if it is inconsequential or unworthy of inquiry by authorities.
Every human life deserves to be treated with respect.
