West Virginia Prosecutor Warns of Miscarriage Prosecution Risks

Miscarriage and Legal Risks in West Virginia

• ⚠️ Prosecutorial discretion allows prosecutors a wide range of options for pursuing criminal charges, which can be influenced by personal philosophies.
• ⚖️ Following the overturning of Roe v. Wade, women in West Virginia may face prosecution for miscarriages due to statutes like the concealment of a deceased body.
• 🚨 The statute for concealment of a deceased body has an absolute defense if reported to law enforcement within 48 hours of disposal.

Legal Interpretation and Concerns

• 🔍 There is a perceived fine line between miscarriages and very young children in legislative definitions, raising concerns about how these cases are treated.
• 🏛️ A Supreme Court case involving a three-week-old child highlighted that failure to report the child's death to police could lead to a conviction for concealment.
• 😟 While the prosecutor personally believes women should not be criminally charged for miscarriages, he acknowledges that other individual prosecutors may view it differently.

Impact on Women's Health and Awareness

• 💡 Women may avoid seeking necessary medical care due to fear of investigation or prosecution following a miscarriage.
• 🗣️ A woman's emotional state or comments after a miscarriage could potentially influence a prosecution, though determining the