Raleigh County Prosecutor Tom Truman, perhaps unknowingly and unintentionally, opened Pandora’s Box late Friday in an interview with Beckley television station WVNS.
The station reached out to Truman seeking clarity on a provocative and troubling question: Could women in West Virginia who miscarry at home be charged with crimes related to the disposal of fetal remains? The inquiry followed reports from Mercer County where 36-year-old David Lee Agnew allegedly discarded a container holding fetal remains during a domestic dispute, later running it over with an ATV. Agnew is charged with disinterment/displacement of a dead body and other offenses stemming from multiple incidents.
The case is disturbing on its own. But the broader legal implications revealed in the interview generate pause.
WVNS reporter Jessica Farrish asked whether women who miscarry and then flush or bury fetal remains could face criminal prosecution. According to the report, Truman said that “a number of criminal charges under state code, including felonies, could be levied against a woman who flushes fetal remains, buries them, or otherwise disposes of remains following an involuntary abortion, also called a miscarriage.”
Truman went further per the report indicating “a number of prosecuting attorneys in the state have discussed with him and other prosecuting attorneys their willingness to file criminal charges against women in pregnancy loss situations, by using state law related to disposal of human remains.”
He told the station:
“The kind of criminal jeopardy you face is going to depend on a lot of factors. What was your intent? What did you do? How late were you in your pregnancy? Were you trying to hide something, or were you just so emotionally distraught you couldn’t do anything else?”
“If you were relieved, and had been telling people, ‘I’d rather get run over by a bus than have this baby,’ that may play into law enforcement’s thinking, too.”
Truman suggested calling 911, a doctor or law enforcement if worried about potential charges. He noted he would not be willing to file charges in such cases.
The story sparked a firestorm on social media.
Abortion remains one of the most politically divisive issues in America. The reversal of Roe v. Wade has only deepened the divide. Some view abortion as murder; others see reproductive autonomy as a fundamental right. Attitudes vary widely based on geography, religion, politics, and personal experience – as confirmed by recent Pew Research Center data.
Miscarriage, defined as the sudden loss of a pregnancy before the 20th week, is not abortion, nor intentional. It is a deeply personal and often traumatic experience. Medical estimates suggest that 15 to 20 percent of known pregnancies end in miscarriage – roughly 750,000 to 1 million per year. These are not rare events, unfortunately. Most people know someone who has grieved through such a loss.
Equating miscarriage with criminal behavior is dangerous. Policing grief expressions or interpreting emotional reactions as intent crosses into perilous territory. Assuming a woman’s guilt after a pregnancy loss is a reversal of justice itself – one is innocent in this country until proven guilty. It’s also insensitive.
In a state with more than 5,500 documented victims of child abuse (maltreatment) in 2022 alone, prosecutorial focus might be better placed on those urgent and real crimes.
As Farrish noted, “State law does not require a woman to notify authorities when she miscarries.” Until that changes – if ever – it remains true. During the tremendous private grief of miscarriage, prosecutors should exercise discretion. It would not be in the public’s interest to pursue criminal charges.