An Ohio woman who sought treatment at a hospital before suffering a miscarriage and passing her nonviable fetus in the bathroom has been ludicrously charged with felony abuse of a corpse.
Brittany Watts, 33, was charged with a felony despite the fact that the coroner’s official report noted that the fetus was not viable and had died in the womb. Instead of getting support after this heartbreaking end to a pregnancy, Watts was charged with a felony. The case highlights the crazy extent to which prosecutors can charge a woman whose pregnancy has ended – whether by abortion or miscarriage.
We’ve previously heard about cases where women with fetuses with fatal abnormalities have been banned from getting abortions, and we’ve also heard cases where women facing life-threatening pregnancies have been unable to get an abortion, but this is the first that we’ve heard about a non-viable miscarriage ending in a felony.
“Ms. Watts suffered a tragic and dangerous miscarriage that jeopardized her own life. Rather than focusing on healing physically and emotionally, she was arrested and charged with a felony,” her attorney, Traci Timko, told CNN in an email. “I believe that this charge stems from the lack of knowledge and/or insight that men have regarding the realities of miscarriage and women’s health in general.”
Prosecutors Disagree
Prosecutors are arguing that charges are necessary because the non-viable fetus was left in the toilet after the miscarriage.
“The issue isn’t how the child died, when the child died. It’s the fact that the baby was put into a toilet, large enough to clog up the toilet, left in that toilet, and she went on her day,” prosecutor Lewis Guarnieri said at preliminary hearing last month.
Prior to her miscarriage, Watts went to the hospital three times in four days due to bleeding concerns. Medical experts found a fetal heartbeat but confirmed that the fetus was non-viable based on a host of other issues. They recommended an induction of the nonviable fetus. Watts declined and went home against medical advice, but returned the next day with the expectation of delivering her non-viable fetus. Doctors and other health officials mulled the ethics of inducing labor at that point, and eventually Watts decided to leave the hospital. Two days later she suffered the miscarriage in the bathroom of her own home.
Watts returned to the hospital that day and told medical staff what happened. She received care and told staff that she had taken the fetus out of the toilet and placed it in a bucket. The hospital called the police and the coroner, who went to Watts’ residence and found blood, tissue and paper towels alongside the garage. They also found blood and tissue in the toilet, and officers later wrote that after the toilet was taken apart “the fetus was retrieved.” An autopsy revealed that Watts’ non-viable fetus died inside the womb due to complications that had already been noted during a previous hospital visit.
Prosecutors somehow came to the determination that Watts’ actions met the criteria for felony abuse of a corpse in Ohio. The law states “No person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities.” A violation of this law is considered a fifth-degree felony.
Many individuals and groups have come to Watts’ defense, including the Ohio Physicians for Reproductive Rights. They noted that thousands of women have similar heartbreaking experiences every year, and this criminal charge could end up costing some of them their freedom or their lives.
“As citizens, we are outraged that the criminal justice system is being used to punish Ms. Watts who, like thousands of women each year, spontaneously miscarried a non-viable fetus into a toilet and then flushed,” the group said in an open letter to the Trumbull County prosecutor. “As physicians we are deeply concerned that your actions will deter women who miscarry from obtaining the medical attention they need and deserve.”
Hopefully the prosecution comes to their senses and drops all charges against Ms. Watts, who has already been through a lot. We hope she gets the legal help and the counseling she deserves to navigate this unfathomable incident.
