WV women who experience miscarriage won't face criminal prosecution, prosecuting attorneys say
A group of prosecuting attorneys in West Virginia want to make it 'abundantly clear' that women who experience a miscarriage are not required under state law to notify law enforcement or face potential criminal prosecution.
The statement from the West Virginia Prosecuting Attorneys Association on Monday comes after Raleigh County Prosecuting Attorney Tom Truman said in local and national interviews that West Virginia women who have miscarriage could face criminal charges under the state's current strict abortion ban.
In the wake of the U.S. Supreme Court's Dobbs decision, women around the country have faced charges related to miscarriages. Pregnancy loss happens in about one in eight known pregnancies, often in the first trimester before 13 weeks.
Truman suggested that women might want to contact local law enforcement to share if they'd experienced a miscarriage. He said criminal charges could be levied against a woman who flushes or disposes of fetal remains following a miscarriage.
'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,' Truman told CNN.
Luke Furbee, president of the WVPAA, said that the subject matter has not 'been widely discussed among West Virginia prosecutors, nor does it need to be.' He said Truman's comments do reflect the legal interpretation of the association.
'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 statement from association said.
The statement also said that state law doesn't support the notion that a woman who experiences a miscarriage should notify law enforcement.
'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 said.
In 2022, following the overturning of Roe v. Wade, West Virignia lawmakers passed a law banning abortion with narrow exceptions, including for medical emergencies and in cases of rape and incest. Adult victims are able to obtain abortions at up to eight weeks of pregnancy, but only if they report to law enforcement first.
Earlier this year, a group of Republican lawmakers introduced legislation to remove the state's rape and incest exemption, but the bill was never taken up for consideraiton. Gov. Patrick Morrisey, a Republican who is fiercely anti-abortion, has previously said that the state's abortion ban should remain as it currently stands.
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