In a case that has ignited a firestorm of controversy, Brittany Watts, a Black woman from Ohio, is currently facing a felony charge for “abuse of a corpse” following her miscarriage at 22 weeks. This incident, which occurred in September, is now proceeding to trial, raising significant questions about the legal treatment of miscarriage and reproductive rights.
Watts, 33, is accused of having miscarried in her restroom and subsequently flushing the fetal remains, an act that was later investigated by the Warren Police Department. Despite forensic evidence indicating that the fetus was not viable and had died before birth, Watts has been charged, drawing criticism from various legal experts and activists.
Tracy Timko, Watts’ defense attorney, has argued that her client was aware of the inevitable miscarriage due to the fetus’s gestational age and premature rupture of membranes. Timko’s statements challenge the legal basis for the charge, emphasizing the traumatic and unavoidable nature of the miscarriage.
Warren assistant prosecutor Lewis Guarnieri, however, has focused on the manner in which the remains were handled, a point that has been subject to intense debate. The Warren Municipal Court Judge Terry Ivanchak’s decision to move the case forward, despite the complex legal and ethical issues involved, has added to the controversy.
Legal experts and activists have strongly criticized the handling of Watts’ case, pointing out its potential implications for women’s reproductive rights and racial disparities in the legal system. Farah Diaz-Tello, senior counsel at If/When/How, and Dana Sussman from Pregnancy Justice have highlighted the alarming trend of criminalizing pregnancy outcomes, noting the disproportionate impact on women of color like Watts.
The case also sheds light on the broader context of reproductive rights in the post-Roe v. Wade era. Reports from If/When/How and Pregnancy Justice indicate an increasing trend of criminal charges related to pregnancy outcomes, often under laws not directly related to abortion. This has created a climate of fear and confusion around reproductive health decisions.
Watts’ case has sparked a widespread public response, with many sharing their personal experiences of pregnancy loss in solidarity. Her defense team has vowed to fight the charge, calling it a travesty of justice. This case, while centered on a specific incident, speaks to broader societal and legal debates surrounding reproductive rights and the criminalization of pregnancy outcomes.
