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MOTHER Suffers Tragic Miscarriage – CHARGED With FELONY?

Doctor uses stethoscope on pregnant womans belly.

A mother preparing for her 15th child faced felony charges not for what she did, but for what she left behind after a tragic miscarriage in her own home.

Story Snapshot

  • Brittany Watts, 34, was charged with felony abuse of a corpse after miscarrying at home in Warren, Ohio
  • Hospital staff reported the incident to police after confirming her fetus was nonviable
  • A grand jury declined to indict in January 2024, dropping all charges against her
  • Her case represents one of 412 pregnancy-related criminal charges filed in the two years following the overturning of Roe v. Wade

When Medical Crisis Becomes Criminal Investigation

Brittany Watts walked into a Warren, Ohio hospital in September 2023 experiencing severe bleeding during her pregnancy. Doctors delivered devastating news: her fetus was nonviable. What happened next transformed her personal tragedy into a criminal case that would capture national attention and expose the dangerous intersection of pregnancy loss and law enforcement in post-Dobbs America.

Hospital staff, bound by mandatory reporting requirements, contacted police after Watts miscarried at home and left the fetal remains at her residence. The Warren Police Department responded with a full investigation, treating a grieving mother’s medical emergency as potential criminal activity. Prosecutors charged her with felony abuse of a corpse, a crime that could have sent her to prison for a year.

The New Reality of Pregnancy Policing

Watts’ ordeal reflects a disturbing trend accelerating since the Supreme Court overturned Roe v. Wade in 2022. Pregnancy Justice, an advocacy organization tracking these cases, documented at least 412 pregnancy-related criminal charges in just the first two years following the Dobbs decision. These prosecutions target women not for seeking abortions, but for how their pregnancies naturally end.

Dana Sussman from Pregnancy Justice explains the legal framework driving these prosecutions: “Four hundred and twelve women were charged with crimes that would not have been crimes if they were not pregnant. That is exactly what happens when we give rights and status to embryos and fetuses.” The charges range from abuse of a corpse to child endangerment, often applied to situations involving miscarriage, stillbirth, or pregnancy complications.

Legal Precedent Meets Medical Reality

The prosecution of Brittany Watts highlights how laws originally designed for other purposes now ensnare women experiencing pregnancy loss. Abuse of corpse statutes typically address grave robbing or desecration of human remains, not the tragic aftermath of miscarriage. Yet prosecutors increasingly apply these laws to fetal remains, creating a legal minefield for grieving mothers.

Mary Ziegler, a UC Davis Law Professor, warns that each case builds dangerous precedent: “The case creates more and more precedent for treating a fetus or an unborn baby like a person with the rights everybody else has.” This legal evolution transforms private medical decisions into potential criminal matters, forcing women to navigate complex legal obligations during their most vulnerable moments.

Justice Delayed But Not Denied

Brittany Watts’ case concluded in January 2024 when a grand jury declined to indict her, effectively ending the prosecution. The decision represented a rare victory against the growing trend of criminalizing pregnancy outcomes. However, the damage extended beyond legal consequences – Watts endured months of public scrutiny, legal uncertainty, and the trauma of having her personal loss become a criminal matter.

The broader implications remain troubling. Medical providers report increased reluctance to treat pregnancy complications, fearing legal liability from mandatory reporting requirements. Women delay seeking care, worried that hospital visits during pregnancy loss might trigger police investigations. This chilling effect on medical care creates genuine health risks for women who most need professional support during pregnancy emergencies.

Sources:

Mother Jones – When a Miscarriage Becomes a Crime

National Partnership for Women & Families – Ohio Woman Who Suffered Miscarriage Will Not Be Criminally Charged

Pregnancy Justice – New Data on Pregnancy-Related Criminal Charges

Texas Tribune – Texas Abortion Pill Capital Murder Charge