A group of prosecuting attorneys in West Virginia want to make it òòò½ÊÓƵœabundantly clearòòò½ÊÓƵ that women who experience a miscarriage are not required under state law to notify law enforcement or face potential criminal prosecution.
The statement from the West Virginia Prosecuting Attorneys òòò½ÊÓƵsociation on Monday comes after Raleigh County Prosecuting Attorney Tom Truman said in and interviews that West Virginia women who have miscarriage could face criminal charges under the stateòòò½ÊÓƵ™s current .
In the wake of the U.S. Supreme Courtòòò½ÊÓƵ™s Dobbs decision, women around the country related to miscarriages. Pregnancy loss in about 1 in 8 known pregnancies, often in the first trimester before 13 weeks.
Truman suggested that women might want to contact local law enforcement to share if theyòòò½ÊÓƵ™d experienced a miscarriage. He said criminal charges could be levied against a woman who flushes or disposes of fetal remains following a miscarriage.
òòò½ÊÓƵœItòòò½ÊÓƵ™s a different world now, and thereòòò½ÊÓƵ™s a lot of discretion that prosecutors have, and some of them have agendas where they would like to make you an example,òòò½ÊÓƵ Truman .
Luke Furbee, president of the òòò½ÊÓƵPAA, said that the subject matter has not òòò½ÊÓƵœbeen widely discussed among West Virginia prosecutors, nor does it need to be.òòò½ÊÓƵ He said Trumanòòò½ÊÓƵ™s comments do reflect the legal interpretation of the association.
òòò½ÊÓƵœThe òòò½ÊÓƵPAA does not agree with or support the idea that experiencing a miscarriage could, or should, trigger criminal liability. Such a position is contrary to both the law and the values held by prosecutors across our state, who remain committed to justice, compassion and the appropriate application of criminal statutes,òòò½ÊÓƵ the statement from association said.
The statement also said that state law doesnòòò½ÊÓƵ™t support the notion that a woman who experiences a miscarriage should notify law enforcement.
òòò½ÊÓƵœWe urge the public and media to rely on verified, accurate legal information and to contact the òòò½ÊÓƵPAA with any questions about prosecutorial perspectives or the interpretation of West Virginia law,òòò½ÊÓƵ the òòò½ÊÓƵPAA said.
In 2022, following the overturning of Roe v. Wade, West Virginia lawmakers passed a with narrow exceptions, including for medical emergencies and in cases of rape and incest. Adult victims are able to obtain abortions at up to eight weeks of pregnancy, but only if they report to law enforcement first.
Earlier this year, a group of Republican lawmakers to remove the stateòòò½ÊÓƵ™s rape and incest exemption, but the bill was never taken up for consideration. Gov. Patrick Morrisey, a Republican , has previously said that the stateòòò½ÊÓƵ™s abortion ban should remain as it currently stands.
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