Black Woman Is Criminally Charged After Having A Miscarriage

Pregnancy is an emotionally taking job for a woman, but the pain increases exponentially after an unfortunate miscarriage. Imagine a black woman gets criminally charged for such an unfortunate experience?

That’s the reality of Brittany Watts, a black woman from Ohio who was criminally charged after having a miscarriage at home. The news caused public outrage as people struggled to understand the legal reason behind the decision.

That’s why this article will dive deeper into Brittany Watts’ story, uncovering her offense, why the court found her guilty of criminal charges, and more. Read on!

Woman Faced With Criminal Charges for a Miscarriage

Brittany Watts was 22 weeks pregnant when she began passing thick blood clots; then, her doctor gave the unfortunate news. Her water had broken prematurely, and the fetus she was carrying would not survive. 

The doctor recommended visiting a hospital to have her labor induced, which would be equivalent to an abortion. However, Watts didn’t follow the doctor’s advice and instead went home, where she miscarried in a toilet. 

She tried to flush and plunge the contents of her miscarriage, but the fetus got stuck in the pipes. Nevertheless, she called the hospital for help, but the police arrived at her house, searched her home and found the fetus in the toilet. 

They arrested her and charged her with abuse of a corpse, a felony that carries a maximum penalty of one year in prison and a $2,500 fine. 

What is Abuse of a Corpse and How Does It Apply?

According to Ohio law, abuse of a corpse occurs when a person treats a human corpse in a way that the person knows would outrage reasonable family or community sensibilities. However, the law does not specify what constitutes reasonable sensibilities but gives examples of conduct that would violate the law.

These examples include:

• Grave robbing
• Unlawful dissection
• Sexual abuse of a corpse

In Watts’ case, the prosecutors argued that she abused the corpse of her fetus by trying to flush and plunge it down the toilet. They claimed it was an act of disrespect and indignity to the unfortunate fetus. 

The prosecutors also mentioned that Watts failed to report the death of her fetus to the authorities, which is required by another Ohio law. Watts’ defense lawyer, Traci Timko, countered that she did not intend to disrespect the fetus, but rather, she panicked and acted out of fear of confusion.

Timko also argued that the fetus was not a corpse but a medical waste and that the law was not meant to apply to cases of miscarriage.

Eventually, the judge presiding over Watts’ case ultimately dismissed the charge of abuse of a corpse, ruling that the law was vague and unconstitutional. He also mentioned that it violated Watts’ right to privacy and due process, earning her freedom from the charge.

It’s worth mentioning that the judge also found that the prosecutors failed to prove that Watts knew that her actions would outrage reasonable sensibilities. Ultimately, the judge’s decision was a rare victory for Watts, who still faces other charges related to her miscarriage, such as tampering with evidence and possession of drugs.

Public Reactions to Watts’ Case 

The public didn’t take Watts’ case lightly as it sparked outrage and sympathy from many people, especially civil rights activists and reproductive rights advocates. They argue that Watts was a victim of a medical emergency and a lack of access to proper care, and she should not be punished for her loss. 

The supporters also pointed out the racial disparities and discrimination that black women face in the health care and criminal justice system. Michele Goodwin, a law professor at the University of Irvine, mentioned how studies show that Black women who visited hospitals for prenatal care were ten times more likely to have law enforcement called on them compared to white women.

Nevertheless, many were also quick to mention how Watts’ case also highlights the dangers that pregnant women face in the wake of the Supreme Court’s decision to overturn Roe v. Wade.

The decision, known as Dobbs v. Jackson Women’s Health Organization, gave states the power to ban or regulate abortions, effectively ending the constitutional right to abortion for millions of women. 

A Similar Incident with Kate Cox

Commentators were also quick to compare Watts’ case with Kate Cox of Texas, who was denied an abortion despite her fetus having a fatal abnormality.

Both women were pregnant with fetuses that had severe and fatal genetic conditions; Watts’ fetus had trisomy 18, which causes heart defects and other organ abnormalities, and Cox’s fetus had anencephaly, which prevents the development of the brain and skull.

Without proper medical care to remove the fetus, both women faced significant health issues due to the complicated pregnancy. Despite this fact, Watts received an abuse of a corpse charge, while the Texas Supreme Court blocked Cox from getting an abortion.

Their situation raises significant challenges to the abortion ban as civil rights activists argued the justice system’s leniency in protecting the rights and dignity of pregnant women.

Michele Goodwin, a law professor at the University of California, Irvine, and author of “Policing The Womb,” gave her comments on these similarities. She said:

“Post-Dobbs, what we see is kind of a wild, wild West…You see this kind of muscle-flexing by district attorneys and prosecutors wanting to show that they are going to be vigilant, they’re going to take down women who violate the ethos coming out of the state’s legislature.” 

What Happened to Watts Afterward?

Watts’ case sparked outrage and sympathy from many people, especially civil rights activists and reproductive rights advocates. 

The Ohio Physicians for Reproductive Rights issued a statement asking Trumbull County Prosecutor Dennis Watkins to drop the case against Watts. They claimed that it was “unjust, inhumane, and medically inaccurate.” 

Watts’ story has received national attention and support from various media outlets, celebrities, and organizations. Civil rights attorney Benjamin Crump, who gained fame for representing the families of George Floyd, posted a tweet about Watts’ case, calling it “heartbreaking” and “unconscionable.” 

He also urged people to sign a petition to demand justice for Watts, resulting in supporters donating more than $100,000 through GoFundMe for her legal defense, medical bills, and trauma counseling.

The American Civil Liberties Union (ACLU) of Ohio also issued a statement condemning the prosecution of Watts. The union claimed that it was “an egregious violation of her constitutional rights and a cruel attack on reproductive freedom.” 

Conclusion

Abortion rights advocates argue it’s “heartbreaking” and “unconscionable” to press criminal charges for the unfortunate situation. They cite this case alongside Kate Cox’s abortion ban case as risks pregnant women face in the post-Roe v. Wade era. However, pro-life advocates argue that it is crucial to protect the life of the unborn child. This debate will likely continue for years to come.