New Law In US State Could Lead To Prosecution Of Women After Miscarriage
In West Virginia, the enactment of the Unborn Child Protection Act in 2022 has introduced stringent abortion restrictions, allowing exceptions only in cases of rape, incest, fatal foetal anomalies, or when the mother's life is at risk.
While the law explicitly exempts women from prosecution for undergoing abortions, legal experts express concern that actions taken by women following a miscarriage-such as improper disposal of foetal remains-could lead to legal investigations.
The law's broad language and lack of clear guidelines have created uncertainty, potentially deterring individuals from seeking necessary medical care during pregnancy complications. This development underscores the complex implications of restrictive abortion legislation on women's health and legal standing.
Raleigh County Prosecuting Attorney Tom Truman told WVNS 59News that 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 added that he would be unwilling to prosecute such cases.
It was unclear if prosecutors could levy similar criminal charges against husbands or others who helped a woman during a miscarriage.
'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?' Truman said.
Which US states can prosecute for miscarriages?
According to the Metro, several states have prosecuted women for miscarriages or stillbirths. They include South Carolina, Georgia, Arkansas, Texas, California, Mississippi, and Ohio. It appears West Virginia has joined the ranks as well.
Though California has since passed laws banning criminal charges and investigations of pregnancy loss, it previously jailed two women for stillbirths.
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Losing a pregnancy in the US might get you in legal trouble; here's why
In the US state of West Virginia, a law meant to restrict abortions is now stirring fears that women could face criminal investigations for miscarriages. The Unborn Child Protection Act, passed in 2022, bans most abortions in the state, allowing exceptions only in extreme cases—rape, incest, fatal fetal anomalies, or if the mother's life is at risk. Women themselves are explicitly shielded from prosecution for seeking an abortion under the law. But legal experts warn that this protection may not be enough. The real confusion lies in what happens when a woman experiences a miscarriage, or involuntary abortion. How she handles that loss—whether she flushes fetal remains, buries them, or disposes of them in any other way—could potentially trigger felony charges under state criminal code, according to Raleigh County Prosecuting Attorney Tom Truman. '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?' Truman told WVNS 59News. Truman clarified that he personally would be unwilling to prosecute women for such actions. But his statement emphasises the ambiguity in the law—and the immense discretion left to local prosecutors. It's also unclear whether family members or others who assist a woman during a miscarriage could face legal consequences. At the heart of the issue is the law's vague wording. It doesn't define what counts as acceptable handling of fetal remains, or how intent should be interpreted. As a result, even actions taken in confusion, panic, or grief could fall under legal scrutiny. This is more than just a theoretical concern. Across the US, women have already been charged or jailed following pregnancy loss. According to news site Metro, states such as South Carolina, Georgia, Arkansas, Texas, California, Mississippi, and Ohio have all seen cases where women were prosecuted for miscarriages or stillbirths. Even in California, widely seen as a progressive state, two women were jailed over stillbirths before laws were passed to explicitly ban criminal charges related to pregnancy loss. Now, experts say West Virginia appears to be stepping into the same murky legal waters. Though no one has yet been prosecuted in the state for a miscarriage, the fear of being investigated, interrogated, or arrested could have a chilling effect. Women might hesitate to seek emergency medical care, or fear reporting complications to doctors. And that hesitation could have deadly consequences.
NDTV
2 days ago
- NDTV
New Law In US State Could Lead To Prosecution Of Women After Miscarriage
In West Virginia, the enactment of the Unborn Child Protection Act in 2022 has introduced stringent abortion restrictions, allowing exceptions only in cases of rape, incest, fatal foetal anomalies, or when the mother's life is at risk. While the law explicitly exempts women from prosecution for undergoing abortions, legal experts express concern that actions taken by women following a miscarriage-such as improper disposal of foetal remains-could lead to legal investigations. The law's broad language and lack of clear guidelines have created uncertainty, potentially deterring individuals from seeking necessary medical care during pregnancy complications. This development underscores the complex implications of restrictive abortion legislation on women's health and legal standing. Raleigh County Prosecuting Attorney Tom Truman told WVNS 59News that 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 added that he would be unwilling to prosecute such cases. It was unclear if prosecutors could levy similar criminal charges against husbands or others who helped a woman during a miscarriage. '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?' Truman said. Which US states can prosecute for miscarriages? According to the Metro, several states have prosecuted women for miscarriages or stillbirths. They include South Carolina, Georgia, Arkansas, Texas, California, Mississippi, and Ohio. It appears West Virginia has joined the ranks as well. Though California has since passed laws banning criminal charges and investigations of pregnancy loss, it previously jailed two women for stillbirths.
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2 days ago
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