Fact Check: Women are getting arrested for having miscarriages

Fact Check: "Women are getting arrested for having miscarriages"

What We Know

Recent reports indicate that women in certain states, particularly those with strict abortion laws, have faced criminal charges related to miscarriages. A notable case is that of Selena Maria Chandler-Scott, who was arrested in Georgia after suffering a miscarriage. Following a 911 call about her condition, police charged her with concealing the death of another person and abandonment of a dead body after a witness claimed she disposed of fetal remains in a dumpster. However, the charges were later dropped when an autopsy confirmed that the miscarriage was natural and the fetus was nonviable (NBC News, EJI).

The legal landscape surrounding miscarriages has become increasingly complex, particularly after the Dobbs v. Jackson Women's Health Organization decision in 2022, which overturned Roe v. Wade. This ruling has led to the introduction of numerous "fetal personhood" laws, which grant legal rights to fetuses, thereby increasing the risk of criminal prosecution for women experiencing pregnancy loss (NBC News, EJI). Reports suggest that at least 210 women faced criminal charges related to pregnancy loss in the year following the Dobbs decision, marking a significant rise in such prosecutions (EJI).

Analysis

The claim that women are being arrested for having miscarriages is partially true, as evidenced by specific cases like that of Chandler-Scott and others such as Brittany Watts, who was charged with abuse of a corpse after her miscarriage in Ohio (NBC News, EJI). These cases highlight a troubling trend where women are facing legal repercussions for circumstances surrounding their pregnancies, particularly in states with stringent abortion laws.

However, it is important to note that while arrests have occurred, the legal outcomes vary significantly. In both Chandler-Scott's and Watts' cases, the charges were ultimately dropped, indicating that while the legal framework may allow for such arrests, successful prosecutions are not guaranteed. Furthermore, the context of these arrests is crucial; they often arise in states where laws have been enacted that recognize fetal personhood, which complicates the legal status of miscarriages (NBC News, EJI).

The sources used in this analysis are credible, including established news organizations and advocacy groups, which lend weight to the reported trends. However, the potential for bias exists, particularly from advocacy groups that may emphasize the negative implications of these laws to further their agenda (EJI, Marshall Project).

Conclusion

The verdict is Partially True. While there are documented instances of women being arrested in connection with miscarriages, these cases often result in dropped charges or lack of prosecution. The legal environment is indeed shifting, leading to increased scrutiny and potential criminalization of pregnancy-related issues, but the outcomes of such cases are not uniform. The reality is complex, reflecting broader societal and legal debates surrounding reproductive rights.