It sounds like something out of a dystopian novel, doesn't it? You wake up in a hospital bed, grieving a loss you never wanted, only to find a police officer standing at the door. But for Brittany Watts, an Ohio woman, this nightmare became a reality in late 2023. She wasn't just grieving; she was a woman arrested for having a miscarriage—or specifically, for how her body handled a non-viable pregnancy at home.
The case sent shockwaves through the medical and legal communities. People were genuinely baffled. How does a natural, biological tragedy turn into a felony charge of abuse of a corpse? It’s complicated. It’s messy. And honestly, it’s a terrifying glimpse into the legal "gray zones" that have expanded since the overturning of Roe v. Wade.
We need to talk about what actually happened, why the law is being used this way, and what this means for anyone who can get pregnant in the current legal climate.
The Brittany Watts Case: What Really Happened?
Brittany Watts was 21 weeks pregnant when her water broke prematurely. Doctors at Mercy Health-St. Joseph’s Hospital in Warren, Ohio, told her the devastating news: the fetus was not viable. Her life was also at risk. Despite this, she spent days in a bureaucratic and legal limbo while the hospital debated the legalities of providing her with a dilitation and evacuation (D&E) or inducing labor.
Frustrated and in pain, Watts went home. She eventually miscarried in her bathroom.
This is where the story takes a sharp turn into the criminal justice system. After returning to the hospital for treatment, a nurse called the police. Why? Because the remains were left in the toilet. The state charged her with abuse of a corpse, a fifth-degree felony.
Think about that for a second.
A woman who had just endured a traumatic, multi-day medical crisis was being told she hadn't treated the biological remains with enough "dignity" under the law. It didn't matter that she was bleeding out. It didn't matter that the pregnancy couldn't have been saved. The focus shifted entirely from her health to the disposal of fetal tissue.
The Rising Trend of Criminalizing Pregnancy Outcomes
Watts isn't an isolated incident. Not even close. Groups like Pregnancy Justice (formerly National Advocates for Pregnant Women) have been tracking these cases for decades, but they’ve seen a massive spike recently.
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Historically, these laws were meant to stop people from dismembering bodies or grave robbing. They weren't written to police what happens in a bathroom during a medical emergency. Yet, we are seeing more instances where a woman arrested for having a miscarriage is charged under tangential laws:
- Fetal assault laws
- Chemical endangerment of a child
- Abuse of a corpse
- Failure to report a death
It’s a bit of a legal "backdoor." In states where abortion is heavily restricted, prosecutors are increasingly looking at any pregnancy loss that isn't "perfect" as a potential crime. If there is a trace of a drug in the system—even a legal one—or if the woman didn't seek medical care fast enough, she becomes a target.
Take the case of Adora Perez in California. She spent four years in prison for manslaughter after a stillbirth because she had used meth. The conviction was eventually overturned because California law doesn't actually allow for a mother to be charged with manslaughter for the death of her fetus, but she still lost years of her life to a prison cell.
Why the "Abuse of a Corpse" Charge is So Dangerous
The specific charge used against Watts is particularly insidious. By using "abuse of a corpse," prosecutors avoid having to prove the woman "killed" the fetus. They just have to prove she didn't follow specific (and often vague) disposal protocols.
But here is the catch: most people don't know there are protocols for a miscarriage at home.
If you have a heavy period that turns out to be an early miscarriage, you flush. Everyone does. But once you hit the second trimester, the legal expectations change, often without any clear guidance for the patient.
Dr. Grace Howard, a researcher on the criminalization of pregnancy, argues that these cases create a "chilling effect." If you know you might be a woman arrested for having a miscarriage, are you going to go to the hospital when you start bleeding? Probably not. You're going to stay home and risk sepsis or hemorrhage because you're afraid of handcuffs.
Medical Ethics vs. Legal Mandates
Doctors are in an impossible spot right now. In the Watts case, it was a hospital employee who called the police.
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Medical ethics generally dictate patient confidentiality and a "do no harm" approach. However, in many states, hospital "risk management" departments are so terrified of being sued or prosecuted for violating state abortion bans that they over-report everything.
It creates a culture of surveillance. Instead of being a place of healing, the ER becomes an extension of the police department.
The Grand Jury’s Decision in the Watts Case
There is a bit of a silver lining in the Ohio case, though it doesn't undo the trauma. In January 2024, a grand jury declined to indict Brittany Watts. They looked at the evidence and basically said, "No, this isn't a crime."
The community response was massive. Thousands of people signed petitions. Black maternal health advocates pointed out—rightly so—that Black women are disproportionately targeted for these kinds of "lifestyle" or "conduct" prosecutions.
But even though she wasn't indicted, the damage was done. Her private medical trauma was splashed across global headlines. Her name is forever linked to a felony arrest.
The Nuance: Is it Pro-Life or Pro-Prosecution?
Many people who identify as pro-life were actually horrified by the Watts case. The argument often made by anti-abortion groups is that the law should target "providers," not the women themselves.
However, the reality on the ground is different. When you grant "personhood" to a fetus, the person carrying that fetus naturally loses some of their own legal rights. Their body becomes a crime scene the moment something goes wrong.
It’s not just about "pro-life" vs. "pro-choice" anymore. It's about whether the state has the right to monitor your bathroom and your biology.
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What to Do if You or Someone You Know is Facing This
If you find yourself in a situation where a pregnancy is ending and you're worried about the legal ramifications, you need to know your rights. It sounds cold, but in the current environment, it's necessary.
- Seek Medical Care Immediately: Regardless of the legal fear, a miscarriage can be life-threatening. Sepsis is real. Hemorrhage is real.
- Contact Legal Advocacy Groups: Organizations like Pregnancy Justice and the ACLU specialize in these cases. They provide resources and can help find legal representation that understands the nuances of reproductive law.
- Silence is a Right: You do not have to explain the details of your miscarriage to a police officer without a lawyer. Medical history is private, even if a nurse has already called the cops.
- Understand Your State Laws: Use resources like the Center for Reproductive Rights to see what the "personhood" status is in your state.
Moving Forward: Policy and Advocacy
The fact that a woman arrested for having a miscarriage is a headline in 2024 (and 2025, and 2026) suggests our legal system is struggling to catch up with the post-Dobbs reality.
Legislators in some states are trying to pass "shield laws" to protect patients and doctors from these kinds of prosecutions. In others, they are doubling down on fetal personhood.
What can you actually do?
Support local maternal health funds. These groups don't just help with abortions; they provide prenatal care, support for families, and legal defense for women like Brittany Watts.
Also, talk about it. The stigma of miscarriage is already heavy. The added stigma of "criminality" makes it unbearable. By talking about the medical reality of pregnancy loss—how common it is, how messy it is, and how unpredictable it is—we can start to push back against the idea that a grieving woman belongs in a jail cell.
Actionable Steps for Reproductive Safety
- Document Everything: If a hospital turns you away while you are in the middle of a miscarriage (as happened to Watts), keep a record of the time, the doctor’s name, and what they said. This is vital evidence if things go south legally or medically.
- Know the "Emergency Medical Treatment and Labor Act" (EMTALA): This is a federal law that requires hospitals to stabilize anyone in an emergency, including those with pregnancy complications. If they refuse to treat you because of state abortion laws, they might be violating federal law.
- Support Legislative Clarity: Contact your state representatives and ask for clear "safe harbor" provisions for miscarriage and stillbirth. No one should be guessing if their medical emergency is a crime.
- Secure Your Digital Privacy: If you live in a state with high prosecution rates, be mindful of what you search for or track in apps. It’s a sad reality, but digital footprints are frequently used as evidence in pregnancy-related cases.
The case of Brittany Watts wasn't just an anomaly; it was a warning. It's a call to look closer at how we treat the most vulnerable moments in a person's life. Grieving a loss is hard enough. Doing it from a witness stand is an injustice we should all be concerned about.