Women Who Have Miscarriages Could Face Prosecution in West Virginia

Newsweek

03-06-2025

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
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Women who miscarry could face investigation in West Virginia under new interpretations of the state's anti-abortion laws.
According to Raleigh County prosecuting attorney, Tom Truman, women who have experienced a miscarriage, otherwise known as an involuntary abortion, in the state, could face charges if they are found to have buried, flushed, or hidden evidence of their miscarriage.
He also said in remarks to WVNS reporter Jessica Farrish: "If you were relieved, and had been telling people, 'I'd rather get run over by a bus than have this baby,' that may play into law enforcement's thinking, too."
Tom Truman has been contacted for comment via the Raleigh County Community Resource Directory site.
Why It Matters
The issue underscores the ongoing effects of abortion bans and shifting legal interpretations after the U.S. Supreme Court overturned Roe v. Wade. With rules varying by state, the prospect of prosecution for how women manage pregnancy loss raises questions about patient privacy, due process, and access to care.
An estimated 10 to 20 percent of all known pregnancies end in miscarriage, and miscarriages can cause severe mental trauma such as Post Traumatic Stress Disorder (PTSD) and depression. Criminalizing them can lead to extended mental anguish.
What To Know
The Women's Health Center of West Virginia Executive Director Katie Quiñonez, Charleston, West Virginia, Febuary 25, 2022.
The Women's Health Center of West Virginia Executive Director Katie Quiñonez, Charleston, West Virginia, Febuary 25, 2022.
Chris Jackson, File/AP Photo
Thurman's statements seem to amount to the possibility that women in West Virginia could be investigated and prosecuted under the abortion laws over their way of coping with a miscarriage or even their attitude to it.
West Virginia has one of the strictes sets of anti-abortion laws in the U.S. Women in West Virginia can only legally obtain an abortion if they are the victim of rape or incest or if they have an ectopic or nonviable pregnancy.
The state's anti-abortion laws say that a miscarriage is defined as "the unintended or spontaneous loss of an embryo or a fetus before the 20th week of pregnancy." Miscarriages are not classified as abortions and do not need to be declared to the police.
But Truman said in late May that prosecutors may use other state laws involving disposing of remains to prosecute women who have miscarried, per DC Now reporting.
He advised women call 911, a doctor or law enforcement if worried about potential charges.
These statements arose after police arrested a man for Disinterment/Displacement of A Dead Body, as he was accused of throwing out a plastic tub containing the remains of a miscarried fetus.
Following this, reporters from WVNS asked Truman if he was going to investigate other miscarriages, to which Truman told the station: "A number of criminal charges under state code, including felonies, could be levied against a woman who flushes fetal remains, buries them, or otherwise disposes of remains following an involuntary abortion, also called a miscarriage."
Truman told the press that he was not considering filing charges against people who have suffered from a miscarriage, but that he knows many prosecuting attorneys who are open to this.
Political arguments around criminalizing miscarriages stem from the idea of 'fetal-personhood.' That is, the belief that fetuses should be treated as people, and therefore disposing of a miscarriages is equivalent to disposing of a dead body.
Other states where women may face criminal charges after miscarrying
West Virginia is not the first state where women may face criminal charges for a miscarriage.
In March 2025, Selena Maria Chandler-Scott, a Georgia resident was rushed to the hospital after passing out due to blood loss from a miscarriage. However, a witness then told police she had placed her fetus' remains in a dumpster. She was then arrested for concealing the fetus' death and disposing of its body.
Chander-Scott was eventually freed after an autopsy determined that the fetus was nonviable and stillborn.
In May, 2025, Texas resident Mallori Patrice Strait, was arrested for "corpse abuse" after miscarrying in a bathroom. Accused of trying to flush the fetus down the toilet, she was eventually freed due to insufficient evidence.
Dana Sussman, the senior vice president of Pregnancy Justice, said in a statement: "There is no one-size-fits-all way to handle fetal remains in these situations … No one is taught how to handle fetal remains, and police and prosecutors should not be weighing in on how women in this situation respond."
What People Are Saying
Attorney Tom Truman told WVNS: "A number of prosecuting attorneys in the state have discussed with him and other prosecuting attorneys their willingness to file criminal charges against women in pregnancy loss situations, by using state law related to disposal of human remains … The kind of criminal jeopardy you face is going to depend on a lot of factors. What was your intent? What did you do? How late were you in your pregnancy? Were you trying to hide something, or were you just so emotionally distraught you couldn't do anything else?
"If you were relieved, and had been telling people, 'I'd rather get run over by a bus than have this baby,' that may play into law enforcement's thinking, too."
Wendy Bach, principal investigator of a Pregnancy Justice report on pregnancy-related prosecutions: "We learned that prosecutions in the year after Dobbs represent a high-water mark in pregnancy criminalization, following from increased suspicion and surveillance of pregnant people."
What Happens Next
Although West Virginia law does not require women to disclose their miscarriages, Truman has encouraged women to tell law enforcement about their miscarriages in order to avoid suspicion surrounding their pregnancy loss.
If you or someone you know has been a victim of sexual violence, you can contact the National Sexual Assault Hotline at 800-656-4673, or contact the Rape, Abuse & Incest National Network (RAINN) helpline via their website rainn.org.