A prosecutor in West Virginia has raised concerns that miscarriages could potentially lead to criminal charges under the state’s strict abortion laws.
Following the Supreme Court’s 2022 decision to overturn Roe v. Wade, West Virginia implemented a near-total abortion ban. Abortions are only allowed in cases of nonviable pregnancies, medical emergencies, or when survivors of rape or incest have filed a police report. Medical professionals who perform illegal abortions face felony charges, with prison sentences ranging from three to ten years. Currently, the law does not criminalize individuals who seek abortions.
Raleigh County Prosecutor Tom Truman told CNN that while he personally would never prosecute someone for a miscarriage, some prosecutors have discussed using existing state laws related to the disposal of human remains to bring charges against people who miscarry. He warned, “It’s a different world now,” noting that with Roe v. Wade overturned, prosecutors may feel emboldened to pursue cases that previously would not have been considered.
Legal experts warn the ambiguity in reproductive laws could put pregnant individuals at risk. Rutgers Law professor Kim Mutcherson said, “It’s always a mistake to invite law enforcement into your reproductive life,” cautioning that miscarriages could be reinterpreted as illegal abortions.
Brittany Fonteno, CEO of the National Abortion Federation, urged anyone experiencing a miscarriage to seek medical care and avoid involving law enforcement. She criticized the current climate as hostile and called for support rather than criminalization, saying, “The intersection of health care and criminalization is an incredibly dangerous path.”
Related topics:
