Ohio Woman Charged After Miscarriage Highlights Pregnancy Challenges Post-Roe

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In the midst of a contentious debate over abortion rights in Ohio, Brittany Watts found herself facing a harrowing ordeal. At 21 weeks and 5 days pregnant, she began experiencing heavy bleeding and sought medical help in Warren, Ohio. The doctor’s diagnosis was grim: her water had broken prematurely, and the fetus was not viable. Her only option was to induce labor, effectively ending the pregnancy to save her own life. Failure to do so would put her at significant risk of death.

However, what unfolded over the next three days was a distressing sequence of events. Multiple visits to the hospital, a miscarriage that occurred at home, and a subsequent police investigation led to Brittany Watts, a 33-year-old Black woman, being charged with abuse of a corpse—a fifth-degree felony that carries penalties of up to a year in prison and a $2,500 fine.

Her case has sparked a national outcry, shedding light on the challenges pregnant women, particularly Black women, face in the wake of the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, which effectively overturned Roe v. Wade. Notably, prominent civil rights attorney Benjamin Crump brought attention to Watts’ situation on social media, and a GoFundMe campaign has raised over $100,000 to support her legal defense, medical expenses, and trauma counseling.

The key issue at hand is whether women seeking abortions or experiencing pregnancy complications should face criminal charges. Post-Dobbs, a legal roadblock that prevented charging felonies for unintentional harm to pregnancies, when abortion was legally available, has been removed. This change has led to an alarming trend of pregnant women being subjected to legal action.

Studies indicate that even before Roe was overturned, Black women who sought prenatal care were disproportionately targeted by child protective services and law enforcement, often for cases similar to those of their white counterparts.

In the absence of federal abortion protections, states have adopted divergent approaches to reproductive rights. For instance, in Texas, Attorney General Ken Paxton vigorously defended a restrictive abortion law, even against a white woman who sought an exception due to her fetus’s fatal condition.

In Brittany Watts’ case, abortion was legal in Ohio up to 21 weeks and six days of pregnancy. Her lawyer, Traci Timko, explained that Watts left the hospital after eight hours of waiting for care, coincidentally on the exact day when her pregnancy reached the legal limit. The delay stemmed from uncertainty among hospital officials regarding whether the procedure could be classified as an abortion.

This incident occurred against the backdrop of a heated campaign in Ohio surrounding Issue 1, which aimed to establish a constitutional right to abortion in the state. Some advertisements vilified late-term abortions, further complicating the situation.

The hospital, Mercy Health-St. Joseph’s, faced a challenging decision, as healthcare providers navigate legal uncertainties and the risk of criminal liability in the post-Dobbs era.

Watts had been admitted to the Catholic hospital twice that week with vaginal bleeding but left without receiving treatment. On the Friday when she miscarried, a nurse reported that Watts no longer appeared pregnant and mentioned that the fetus was in her backyard. The police later discovered the fetus wedged in the plumbing.

The prosecutor argued that the issue wasn’t the cause of the child’s death but the way the fetus was disposed of, leading to the abuse of a corpse charge. Watts’ lawyer, however, maintained that Watts was traumatized and only wished to protect her mother from the distressing sight.

As the case awaits a grand jury decision, it highlights the complexities surrounding the legal status of a fetus, especially in the absence of clear definitions in the law. The case has drawn attention to the need for clarity and sensitivity in addressing pregnancy complications, ensuring that women like Brittany Watts are not unfairly criminalized for ordinary miscarriages.

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• Dobbs v. Jackson Women’s Health Organization: Learn more about the U.S. Supreme Court decision that overturned Roe v. Wade.
• Benjamin Crump: Explore the official website of civil rights attorney Benjamin Crump, who raised awareness about Brittany Watts’ case.
• GoFundMe Campaign: Contribute to or learn more about the GoFundMe campaign supporting Brittany Watts for her legal defense and medical expenses.
• Reproductive Rights: Gain insights into the broader context of reproductive rights in the United States.
• Racial Disparities in Healthcare: Read about racial disparities in healthcare, which are relevant to the case involving Brittany Watts.
• Abortion Laws by State: Explore abortion laws by state to understand the variations in legal regulations across the United States.