WV Prosecutors respond to concerns over criminal charges following miscarriages
By RealWV Staff,
The West Virginia Prosecuting Attorneys Association (WVPAA) has issued an official statement in response to the comments made by Raleigh County Prosecuting Attorney Tom Truman, who expressed concern that women who have a miscarriage could face criminal charges.
“The West Virginia Prosecuting Attorneys Association wishes to clarify that recent public statements made regarding this subject do not reflect the consensus, official position, or legal interpretation of the Association, its Officers, Board members, or members of its Legislative Committee,” according to information sent in a press release. “This is not a subject matter that has been widely discussed among West Virginia prosecutors, nor does it need to be, and any comments that are not from the WVPAA were made without coordination or endorsement from the WVPAA. The WVPAA wants to make abundantly clear that any assertion that individuals who experience the unfortunate event of a miscarriage in West Virginia should be notifying law enforcement or face potential criminal prosecution is incorrect and not supported by West Virginia law.”
In a May 30 interview with WVNS, a media outlet covering Raleigh County, Truman said that “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.”
In the same interview Truman said that women could protect themselves against prosecution by calling their doctor and notifying law enforcement that they had just miscarried.
Truman’s statements made it to national news outlets where he added that he would not prosecute a woman who has a miscarriage, but women throughout West Virginia should become aware of the “philosophy of the prosecutor” in their local jurisdiction.
“The WVPAA does not agree with or support the idea that experiencing a miscarriage could, or should, trigger criminal liability,” the press release from the Prosecuting Attorneys Association continues. “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. We urge the public and media to rely on verified, accurate legal information and to contact the WVPAA with any questions about prosecutorial perspectives or the interpretation of West Virginia law.”
