WEST VIRGINIA – Amid an evolving national debate over reproductive rights, a West Virginia prosecutor has raised concerns by suggesting that miscarriages could potentially result in criminal charges.
In an interview with CNN, Raleigh County Prosecuting Attorney Tom Truman warned that, under certain interpretations of state law, women who experience a miscarriage in West Virginia might face legal scrutiny.
“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.
“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.’”
Truman emphasized that he would not personally pursue charges over a miscarriage.
However, he said the concern arose from conversations with other prosecutors at a legal conference several years ago. At the time, Roe v. Wade was still in effect, making the discussion mostly theoretical.
But the conversation has continued, and Truman said some prosecutors believed state laws on the disposal of human remains could be applied to pregnancy loss.
“I thought these guys were just chewing on a Dreamsicle,” Truman said, adding that West Virginia’s legal definitions are “pretty broad-ranging.”
He suggested, out of an abundance of caution, that people might even consider notifying law enforcement if they have a miscarriage — a recommendation reproductive law experts strongly advise against.
Several experts told CNN that while criminal cases tied to miscarriages have occurred across the country, contacting law enforcement after such a personal medical event is not advisable.
Early pregnancy loss is common, affecting about 10 in 100 known pregnancies, often due to natural developmental issues, according to the American College of Obstetricians and Gynecologists.
Kulsoom Ijaz, senior policy counsel at Pregnancy Justice, a nonprofit focused on civil and human rights during pregnancy, disagreed with Truman’s interpretation of state law.
“I think the law is pretty clear,” she said in the CNNinterview. “There’s nothing in the law that says someone can be charged with a crime in connection to their pregnancy loss or their conduct during pregnancy, or for how they respond to that pregnancy loss or miscarriage or stillbirth.”
Though abortion is illegal in West Virginia, exceptions exist for medical emergencies, nonviable pregnancies, or cases of rape or incest.
Still, the legal uncertainty following the U.S. Supreme Court’s Dobbs decision — which overturned Roe v. Wade in June 2022 — has left many fearful of legal consequences for reproductive events beyond their control.
Between June 2022 and June 2023, more than 200 people nationwide faced criminal charges for conduct related to pregnancy, pregnancy loss, or birth, according to a report from Pregnancy Justice cited by CNN.
Ijaz noted that this number is likely an undercount.
In West Virginia alone, there have been at least three such prosecutions, including one case where the state Supreme Court ruled against criminal child abuse charges tied to prenatal substance use.
