Legal Quandary Unfolds After Miscarriage: Ohio Woman Faces Charges, Ignites Abortion Rights Debate
During a heated abortion rights debate in Ohio, a legal conundrum emerged following the arrest of Brittany Watts, a 34-year-old singer from Van Nuys, who faced a devastating miscarriage at 21 weeks and 5 days of pregnancy. The incident has ignited a national firestorm over the treatment of pregnant women, particularly Black women, following the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision that overturned Roe v. Wade.
Watts, who had not disclosed her pregnancy even to her family, sought medical attention at Mercy Health-St. Joseph’s Hospital in Warren. The doctor revealed that while a fetal heartbeat was still present, her water had broken prematurely, rendering the fetus nonviable. Advised to induce labor for her own safety, Watts faced a potential “significant risk” of death without intervention, according to records.
What ensued was a harrowing three days, involving multiple hospital visits, Watts miscarrying at home, and a subsequent police investigation leading to her being charged with abuse of a corpse—a fifth-degree felony that could result in a year of imprisonment and a $2,500 fine.
The case, now sent to a grand jury, has raised questions about the criminalization of pregnancy-related incidents post-Dobbs. Civil rights attorney Benjamin Crump highlighted Watts’ situation, emphasizing the disproportionate impact on Black women. Supporters have donated over $100,000 through GoFundMe for Watts’ legal defense, medical bills, and trauma counseling.
Legal scholars express concern over the ambiguity of Ohio’s abuse-of-corpse statute, as it lacks a clear definition of “corpse.” Grace Howard, assistant justice studies professor at San José State University, emphasizes the need for clarity on what constitutes a crime in cases like Watts’, stating, “For the rights of people with the capacity for pregnancy, this is huge.”
As the case unfolds, the broader implications of prosecuting pregnant women for incidents related to miscarriage or abortion are under scrutiny, with legal experts calling attention to the potential chilling effect on seeking medical care during pregnancy, especially in the absence of federal protection for abortion rights.
