The ignorance that exists regarding women's pregnancies and bodies is in itself a crime, as the Ohio Brittany Watts case attests.
The latest news involving the 33-year-old Black woman suggests that crimes against women's pregnancies are now prosecutable, leaving us with a lot of questions. For example, what happens in cases where a woman miscarries at 24 weeks and her water breaks? Or a woman carries her baby to term and the child is stillborn? Is it a crime for a woman's body to force a miscarriage at any time?
Watts faces the ridiculous charge of abuse of a corpse because she miscarried on a toilet in her home and then flushed and attempted to plunge it. That's a fifth-degree felony punishable by up to a year in prison and a $2,500 fine in the ruby red state of Ohio.
Watts' doctor said that, while a fetal heartbeat was still present, Watts’ water had broken prematurely and her fetus would not survive. He advised her to go to the hospital and have her labor induced (an abortion) to deliver the nonviable fetus. If she didn't do that, the doctor said she would face “significant risk” of death, according to court records.
Why would this even be an issue for police investigation? What are these rightwing nutcases even thinking? And who is making these decisions? Hard to believe that would be a woman.
Here's the understantement of the year:
The idea of prosecuting women for natural miscarriages is alarming and disturbing, to say the least. In fact, it's a form of double punishment for something that is mostly out of their control and completely emotionally and mentally traumatic for women. And while it is understandable that someone might be held accountable for intentionally harming a fetus, the law should be careful not to punish women for the way their body chooses to dispel pregnancies.
I say this: Let a male prosecutor experience this - just once.
It is important to recognize that the human body is complex and unpredictable. Miscarriages can happen for any number of reasons, and often there is no clear cause or explanation – and nearly every woman would love to have one. It is not fair or reasonable to hold women accountable for something totally beyond their control. This only serves to perpetuate harmful myths and stigmatize those who have experienced the loss of a pregnancy.
One of the biggest problems with the crime of prosecuting pregnant women is how it will contribute to further injustices in the criminal justice system. Women who are marginalized, impoverished, or abused are more likely to face prosecution for pregnancy loss due to miscarriage.
This means that women who desperately need help and support during pregnancy could, instead, end up in jail or prison. Prosecuting women for miscarriage crimes will only result in more harm for women and their unborn children. It creates fear among pregnant women who may feel they are always being watched and judged. They may not seek necessary medical care out of fear that their medical records may be used against them in court. This lack of medical attention can lead to increased maternal and infant mortality rates – which are already high amongst minority women (especially Black women).
The Crime of Prosecuting Pregnant Women The latest developments surrounding crimes against women's pregnancies are not only unjust but they are downright oppressive. It is a clear case of ignorance and lack of information around pregnancy and reproductive rights.
Instead of punishing women for miscarriages, there should be comprehensive policies and laws that protect women's reproductive autonomy and prioritize their health and wellbeing post miscarriage. As voters, we should do everything in our power to ensure that women receive the support, care, and protection they need during pregnancy.
In the fcase of Brittany Watts, there is some good news. When her case was sent to the grand jury last month it touched off outrage over the treatment of pregnant women, especially Black women. In a post on X (formerly Twitter), Civil rights attorney Benjamin Crump revealed Watts’ plight resulting in more than $100,000 in donations through GoFundMe for her legal defense, medical bills and trauma counseling.
That's the only good news in this sordid affair that is just the latest in political abuse against women stemming from the Supreme Court's decision overturning Roe v. Wade.