West Virginia prosecutors are now charging women for miscarriages - a dystopian reality

It sounds like a scene from a dystopian novel, yet it has become reality: In West Virginia, women now face criminal prosecution for miscarriages, starting as early as the ninth week of pregnancy. Authorities are calling it the "prosecution of an involuntary abortion," a grotesque and deeply disturbing method to criminalize something naturally occurring in approximately 20% of all pregnancies. But the truly alarming detail is this: Whether charges are brought will depend on the emotional attitude of the woman toward her pregnancy. According to Tom Truman, the prosecutor of Raleigh County, even casual remarks such as "I'd rather get run over by a bus than have this baby" could be interpreted in court as evidence of criminal intent. This creates a legal environment where ambivalent feelings toward an unplanned pregnancy could be considered criminal intent.

Crucial to an indictment will be the subjective interpretation by prosecutors of the emotional state of the woman. The handling of fetal remains after a miscarriage, such as flushing or burying them, could also lead to legal consequences. Truman explained that criminal measures depend on factors like the woman’s intent, her behavior during and after the miscarriage, and whether she appeared "emotionally distraught" enough or gave the impression she was trying to hide something. Particularly insidious is that state law does not even require women to report miscarriages to authorities, thus creating a legal trap: women are not required to report anything, yet if they handle the situation "wrongly" or say the "wrong" thing at the "wrong" time, they could suddenly find themselves in court with a criminal record. Truman therefore advises women to proactively report miscarriages to local law enforcement or medical personnel, although there is no legal obligation to do so.

These developments have sparked intense public debate. Critics express concern that women already facing deep grief and trauma could now also be criminalized. They urgently warn against mixing medical complications with criminal responsibility. Although no concrete cases have yet been documented, recent developments raise troubling questions regarding reproductive rights, medical privacy, and the emotional integrity of affected women. This creates a troubling scenario where women losing desired pregnancies must now worry not only about managing their grief but also whether their emotional reactions meet some arbitrary "purity test" of prosecutors. This represents a significant turning point - potentially opening a dark chapter in the history of women’s rights.