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Yahoo
10-06-2025
- Yahoo
West Virginia Prosecutor Warns Women That a Miscarriage Could Lead to Criminal Charge: ‘It's a Different World Now'
West Virginia Prosecuting Attorney Tom Truman warned the public that having a miscarriage could lead to criminal charges in the state, where there's a strict ban on abortion He claims that some prosecutors may try to charge a person for a miscarriage using state laws related to the disposal of human remains Reproductive experts say it's a mistake to invite law enforcement into your reproductive lifeA West Virginia prosecutor is sending out a warning that having a miscarriage could lead to serious legal repercussions in the state. Shortly after the Supreme Court's decision to overturn Roe v. Wade in 2022, West Virginia enacted a near-total ban on abortion. The procedure is illegal in the state with exceptions for a nonviable pregnancy or medical emergency. Additionally, survivors of rape and incest can receive an abortion only if a police report has been filed. Licensed medical professionals who violate the law by performing or inducing abortions can face felony charges, punishable by three to 10 years in prison. The law currently does not criminalize the pregnant person for having an abortion. Raleigh County Prosecuting Attorney Tom Truman explained that in conversations with fellow prosecutors several years ago, some expressed that they could charge a person who had a miscarriage using state laws related to the disposal of human remains. 'I thought these guys were just chewing on a Dreamsicle,' he told CNN, noting that he personally would never prosecute someone for a miscarriage. ! Never miss a story — sign up for to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories. However, Truman said West Virginia's legal statutes include definitions that are 'pretty broad-ranging' and with the end of Roe v. Wade, prosecutors may interpret that the law means people who miscarry could face criminal charges, including felonies. '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,' he said. 'What's changed is, Roe isn't there anymore, and so that may embolden prosecutors in some cases. I'm just trying to say, be careful.' Kim Mutcherson — a professor of law at Rutgers Law School who specializes in reproductive justice — told the outlet that grey areas surrounding reproductive laws will ultimately be dangerous for pregnant people. 'It's always a mistake to invite law enforcement into your reproductive life,' she said. 'If they then decide, 'no, it actually wasn't a miscarriage, this was somebody who took pills,' or whatever sort of thing that they want to conjure up, then all of a sudden it goes from 'here's this poor woman who had a miscarriage' to 'here's a person who we're going to start to prosecute.' ' Brittany Fonteno, CEO of the National Abortion Federation, encouraged anyone experiencing a miscarriage to contact a qualified medical professional and avoid any involvement of law enforcement. 'The laws, the rhetoric, the culture in which we are living in within the U.S. has become so incredibly hostile to people who experience pregnancy,' she told CNN. 'I think that the intersection of health care and criminalization is an incredibly dangerous path,' Fonteno added. 'As a country, we should be supporting people and their ability to access the health care that they need, rather than conducting intrusive and traumatic investigations into their reproductive lives.' Read the original article on People
Yahoo
09-06-2025
- Politics
- Yahoo
WV women who experience miscarriage won't face criminal prosecution, prosecuting attorneys say
The West Virginia Prosecuting Attorneys Association clarified Monday that women who have a miscarriage are not required by law to notify law enforcement. () 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.
Yahoo
09-06-2025
- Politics
- Yahoo
WV Prosecuting Attorneys Association issues statement on potential for prosecution against women who miscarry
CHARLESTON, WV (WVNS) — WV Prosecuting Attorneys Association issues statement on the potential for prosecution against women who miscarry The statement below comes after Raleigh County Prosecuting Attorney Tom Truman said 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. Attorney for pregnancy rights group says West Virginia law protects women who miscarry Truman added that he would be unwilling to prosecute such cases. The WVPAA statement is below was given in an attempt at 'Setting the Record Straight on Miscarriages and Criminal Law': The West Virginia Prosecuting Attorneys Association (WVPAA) wishes to clarify that recent public statements made regarding this subject do not reflect the consensus, official position, or legal interpretation of the Association, its Officers, Board members, or members of its Legislative Committee. This is not a subject matter that has been widely discussed among West Virginia prosecutors, nor does it need to be, and any comments that are not from the WVPAA were made without coordination or endorsement from the WVPAA. The WVPAA wants to make abundantly clear that any assertion that individuals who experience the unfortunate event of a miscarriage in West Virginia should be notifying law enforcement or face potential criminal prosecution is incorrect and not supported by West Virginia law. 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. 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. West Virginia Prosecuting Attorneys Association On Tuesday, June 3, 2025, an attorney for Pregnancy Justice, a New York group which defends women who face criminal charges based on pregnancy, agreed that there is a push among some prosecutors throughout the U.S. to file criminal charges against women for pregnancy loss and behaviors during pregnancy. 'Prosecutors wield a lot of discretion,' said Kulsoom Ijaz, senior policy counsel for Pregnancy Justice. 'There are countless unjust and unfounded prosecutions every day in this country.' Ijaz also said that the legal framework in West Virginia also does not support a prosecutor bringing a charge against a miscarrying woman who flushes or otherwise disposes of fetal remains. 'West Virginia does not have a broad fetal personhood law that grants fetuses Constitutional rights,' said Ijaz. 'Those laws cannot then be taken and extended to fertilized eggs, embryos and fetuses in West Virginia.'Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
07-06-2025
- Politics
- Yahoo
West Virginia prosecutor warned his colleagues could charge women for miscarriages. He didn't say they actually will
In late May and early June 2025, a rumor spread online that West Virginia prosecutors planned to start issuing felony charges against women who have miscarriages. This claim is misleading. It comes from a misunderstanding of comments made by Raleigh County Prosecuting Attorney Tom Truman, who wished to warn people that it may be possible for prosecutors to charge people who miscarry using state laws governing disposal of human remains. However, Truman emphasized that he does not personally want to or plan to prosecute anyone under these conditions. West Virginia law does not explicitly state that fetal remains are equivalent to human remains. The state treats fetuses as "distinct victims" in "certain crimes of violence," but it does not have a law giving fetuses the same total legal rights as people. Furthermore, prosecutors have broad discretion and authority to decide on bringing charges and how to pursue a case. Thus, it is possible a West Virginia prosecutor could try to charge someone for the disposal of fetal remains after a miscarriage, but it is difficult to determine whether the charge would hold up in court. In late May and early June 2025, a rumor spread online that West Virginia prosecutors would begin charging women who have miscarriages with crimes. The claim spread on platforms including X, Facebook, Threads and Reddit. Some posts specified that a miscarriage starting at nine weeks of pregnancy would result in a felony charge; many attributed the information to Raleigh County Prosecuting Attorney Tom Truman. However, this claim is misleading, as it comes from a misunderstanding of Truman's comments to West Virginia news station WVNS, in which he said a prosecutor in the state might, in theory, file criminal charges against people who miscarried using laws governing disposal of human remains. Truman told Snopes he does not personally believe prosecuting people for disposal of fetal remains after a miscarriage is appropriate and he does not know of any prosecutors who have concrete plans to do so. "I was just trying to send out a warning to people," Truman said in a phone call. The West Virginia Prosecuting Attorneys Institute said in an email that it does not offer legal advice and thus cannot comment on whether West Virginia law would allow such prosecutions, but its executive director, Jim Samples, said he had not received any inquiries on the subject since he started there in mid-December 2024. Snopes also reached out to the national Association of Prosecuting Attorneys and the National District Attorneys Association to inquire whether these organizations have reason to believe West Virginia prosecutors may begin charging people who have miscarriages for improper disposal of human remains. We await their responses. In a May 30, 2025, interview with West Virginia news station WVNS, Truman said he heard a number of prosecuting attorneys discussing their willingness "to file criminal charges against women in pregnancy loss situations by using state law related to the disposal of human remains." While Truman confirmed the accuracy of the interview, he clarified that the conversation with these attorneys occurred "years ago," before the Supreme Court reversed the federal right to an abortion under Roe v. Wade in 2022. "Some of the really anti-abortion prosecutors were looking for about anything they could find," Truman said. "Comments were made casually, and at the time it got my attention, but it didn't really mean much before Roe was overturned." But then Roe fell — and West Virginia began enforcing its near-total ban on abortion. Truman also pointed to language in the West Virginia Code, passed by the state Legislature, defining fetuses and embryos as "separate and distinct" victims from the pregnant person for "certain crimes of violence," as well as a 2016 West Virginia Supreme Court of Appeals decision affirming the conviction of a woman for involuntary manslaughter, concealment of a deceased human body and other offenses related to the death of her 26-day-old infant son. Per pages 16 and 17 of the decision, the woman helped law enforcement find the infant's grave site within 48 hours of his death — and an autopsy could not confirm cause of death. However, the state successfully argued that she still did not meet the requirements of West Virginia law on the "concealment of a deceased human body." The law requires a person to "affirmatively" notify law enforcement not only within 48 hours of concealing the body, but prior to being contacted by law enforcement in connection with the death. Taken altogether, Truman said, he is concerned that "some of the people hell-bent on prosecuting folks" for miscarriages might do so by getting "creative" with case law and by using the broad powers of prosecutorial discretion, or the authority a prosecutor has to decide whether to file charges and what charges to file. "All of a sudden, it became — what was pretty far-fetched became a possibility," Truman said. Truman advised West Virginia residents to protect themselves from possible prosecution by immediately informing the relevant county prosecuting attorney's office or law enforcement when a miscarriage occurs. There is some precedent to Truman's concerns, at least in other states. Snopes confirmed in April that police arrested a Georgia woman on charges of improper disposal and notification of a dead body after she miscarried and put the fetal remains in a dumpster. (The prosecutor's office later dropped the charges, according to reports.) Furthermore, an organization called Pregnancy Justice found in a September 2024 report — see Page 2 — that at least 210 people have faced criminal charges related to pregnancy, pregnancy loss and birth, and that 22 of those cases involved "a fetal or infant demise and allegations regarding conduct concerning pregnancy, pregnancy loss, or birth." However, West Virginia, unlike Georgia and similar states with anti-abortion laws, does not have a broad fetal-personhood law as of this writing — a legislative attempt to pass one in 2024 stalled. Fetal personhood is the idea that a fetus has the same legal rights as a person; not having a fetal-personhood law makes it less likely that West Virginia law on human remains is considered applicable to fetal remains. Furthermore, West Virginia law does not penalize patients who receive abortions, only the people who perform the operation — and another state law explicitly states that a miscarriage is not an abortion. An attorney with Pregnancy Justice, Kulsoom Ijaz, told WVNS, the same outlet Truman spoke to, that while she believes West Virginia law bars prosecutors from charging a woman in relation to her own abortion or miscarriage, "there are countless unjust and unfounded prosecutions every day in this country." Some claims said that West Virginia prosecutors would begin charging people whose miscarriages happened just nine weeks into a pregnancy. That rumor appeared to be based off a line in the WVNS story: "Truman added that women who miscarry at nine weeks or later could potentially face charges." This timeline, Truman said in an email to Snopes, came from the state law, which recognizes an embryo or fetus as a "distinct unborn victim." Under that law, a fetus is, by definition, a developing human "eight weeks after fertilization or ten weeks after the onset of the last menstrual period" — in other words, around nine weeks. He also pointed to a state law that provides definitions for "fetal death." But none of the laws Truman referenced explicitly states that fetal remains are equal to human remains under state law, meaning it is difficult to determine whether a prosecutor could successfully bring a case applying laws about the disposal and notification of human remains to fetal remains. To summarize, while at least one prosecuting attorney in West Virginia said he believes other prosecutors in the state could find a way to charge a person who had a miscarriage in relation to the disposal of fetal remains, the law did not, at the time of this writing, explicitly endorse this belief — nor was there any indication that prosecutors in West Virginia had active plans to pursue such cases. Bach, Wendy, and Madalyn Wasilczuk. Pregnancy as a Crime: A Preliminary Report on the First Year after Dobbs. Sept. 2024, Accessed 5 June 2025. Deng, Grace. "Yes, Georgia Woman Was Arrested after Having Miscarriage. Here Are the Facts." Snopes, Snopes Media Group, 1 Apr. 2025, Accessed 5 June 2025. Farrish, Jessica. "Attorney for Pregnancy Rights Group Says West Virginia Law Protects Women Who Miscarry." WVNS, 4 June 2025, Accessed 5 June 2025. ---. "Prosecutor Warns of Potential Charges against Women Who Miscarry in West Virginia." WVNS, 31 May 2025, Accessed 5 June 2025. Frye, Jr, Andrew N. "State v. McDaniel ." Justia Law, 12 Oct. 2016, Accessed 5 June 2025. González-Ramírez, Andrea. "Prosecutor Drops Charges over Georgia Woman's Miscarriage." The Cut, 4 Apr. 2025, Accessed 5 June 2025. "House Bill 5041." Accessed 5 June 2025. "West Virginia Code Section 16-2R-3." West Virginia Code, Accessed 5 June 2025. "West Virginia Code Section 16-2R-4." West Virginia Code, Accessed 5 June 2025. "West Virginia Code Section 16-5-1." West Virginia Code, Accessed 5 June 2025. "West Virginia Code Section 61-2-5A." West Virginia Code, Accessed 5 June 2025. "West Virginia Code Section 61-2-30." West Virginia Code, Accessed 5 June 2025.
The Guardian
07-06-2025
- Politics
- The Guardian
Women could be charged over miscarriages, a West Virginia prosecutor says
'911. What's your emergency?' 'Hello, I would like to report the fact that I am having a very heavy period. Can you send a police officer over right away to collect my menstrual matter and check whether I've broken any laws?' The above is not a transcript of an actual conversation in West Virginia but, the way things are headed, it could be a glimpse of what's to come. The Raleigh county prosecuting attorney Tom Truman recently warned that women who have a pregnancy loss in West Virginia could face criminal charges. To protect themselves, Truman said, women should call local law enforcement and report a miscarriage – which is the loss of a pregnancy before the 20th week. 'Call your doctor. Call law enforcement, or 911, and just say: 'I miscarried. I want you to know,'' Truman told the outlet WVNS 59News. Truman said he was personally opposed to prosecuting women who miscarry. But he warned that other prosecutors in West Virginia had indicated that they would be willing to file criminal charges against women who had lost a pregnancy via state laws related to the disposal of human remains. 'I thought these guys were just chewing on a Dreamsicle,' Truman lamented. But, he added, West Virginia's laws include definitions that are 'pretty broad-ranging' and give law enforcement a lot of discretion to go after women who have had a pregnancy loss. To be very clear about the law: while abortion is all but banned in West Virginia, the pregnant person themselves can't be prosecuted for having an abortion. Miscarriages also aren't explicitly criminalized. However, law enforcement can get creative and use legislation that governs the handling of fetal remains to punish women. And this sort of 'creativity' isn't just confined to West Virginia: following the 2022 overturning of Roe v Wade, a lot of women who experience pregnancy loss in the US have been plunged into legal limbo. While it would appear that Truman was trying to be helpful, I should note that calling the police isn't necessarily the best idea in a scenario where you have experienced, or suspect you've experienced, a miscarriage. 'It's always a mistake to invite law enforcement into your reproductive life,' Kim Mutcherson, a professor at Rutgers Law School, told CNN. 'I understand the idea that caution is better than being caught up in something that you weren't anticipating, but it is difficult for me to imagine any circumstance in which I would think it was safe for someone who miscarried to call the police.' If you are going to call the police, you might want to quiz them on their understanding of the female reproductive system before going into any details. After all, how many of the men salivating over the prospect of locking up women for miscarriages do you think actually know what a miscarriage is? How many of them do you think understand that an estimated 23m miscarriages occur every year globally and about 10% to 20% of known pregnancies end in miscarriages? Again, that's known pregnancies: a lot of miscarriages happen before someone even realizes they're pregnant. We don't have the full picture of why pregnancy losses occur, but they are quite often due to chromosomal abnormalities. They are often, in other words, completely out of the woman's control. And a very early miscarriage (also known as a chemical pregnancy) can be hard to distinguish from a period. Sometimes the only way to tell the difference is via medical interventions like a blood test or an ultrasound. All that said, this does strike me as a situation where a little malicious compliance wouldn't go amiss. I'm not saying women in West Virginia should call up the prosecutor's office whenever they're menstruating and ask to speak to someone about the size and consistency of their blood clots or inquire whether they'd like to send a police officer to examine the toilet before they flush. Nor am I saying that women in West Virginia should drop off their used sanitary items at their local police station so they can be thoroughly examined by the powers that be. But I'm not not saying that either! The Biden-era guidance had made it clear that hospitals in states with abortion bans cannot turn away pregnant patients who are in the midst of medical emergencies. The Trump administration has also launched an investigation into this law, which it terms 'anti-Catholic'. The 17-year-old social media influencer Sana Yousaf, whom police say was shot by a man who broke into her home, is apparently already getting blamed for her own murder. The digital rights advocacy group Bolo Bhi told the BBC that some male internet users have been asking why Yousaf was putting up online content. Ladies, if you don't want to be murdered, just remember that you shouldn't express any opinions whatsoever or ever leave the house. And you certainly shouldn't hurt a man's fragile feelings. 'Strong jawlines and prominent chins are de rigueur in Washington,' one dermatologist told Politico. In recent years, the portion of her male clients who come in seeking better-defined jaws has more than doubled. Politico has a fascinating deep dive into jawlines, power and masculinity. The Barstool Sports founder called for a missile strike on Thunberg, who recently joined other activists sailing to Gaza on an aid ship with the aim of breaking Israel's blockade. Portnoy said: 'I'll jump on Greta van Thorsten or whatever that girl's – she's sailing there. Like whoever that fuck – and I hope they hit a fucking, like, a missile on her boat. Knock that boat down.' Portnoy's comments come after the senator Lindsey Graham tweeted: 'Hope Greta and her friends can swim!' Neither Portnoy nor Graham will face any consequences for their comments, of course. Sign up to The Week in Patriarchy Get Arwa Mahdawi's weekly recap of the most important stories on feminism and sexism and those fighting for equality after newsletter promotion Please pause for a moment and take in the fact that saying you care about kids in Gaza can now be career-ending. I'll drink to that! The BBC reports that 'in 2023, Nigeria accounted for well over a quarter – 29% – of all maternal deaths worldwide'. 'You can order any kind, any size,' the actor explained. Noooo, Steve, we can't do that, the birth rate will plummet! It's been a wild week for runaway animals. In Tennessee, a pet zebra went on the lam, causing chaos on Interstate 24. Meanwhile, in the UK, a bull ran loose around the streets of Birmingham. 'This magnificent animal seemed to be enjoying an unexpected city break,' a Birmingham councillor said in a statement, noting the bull had been moved to safety. No word yet on which Birmingham sights the bull took in, or whether it popped into any china shops. Arwa Mahdawi is a Guardian columnist
