The 33-year-old Watts, who had not shared the news of her pregnancy even with her family, made her first prenatal visit to a doctor’s office behind Mercy Health-St. Joseph’s Hospital in Warren, a working-class city about 60 miles (100 kilometers) southeast of Cleveland.
The doctor said that, while a fetal heartbeat was still present, Watts’ water had broken prematurely and the fetus she was carrying would not survive. He advised heading to the hospital to have her labor induced, so she could have what amounted to an abortion to deliver the nonviable fetus. Otherwise, she would face “significant risk” of death, according to records of her case.
That was a Tuesday in September. What followed was a harrowing three days entailing: multiple trips to the hospital; Watts miscarrying into, and then flushing and plunging, a toilet at her home; a police investigation of those actions; and Watts, who is Black, being charged with abuse of a corpse. That’s a fifth-degree felony punishable by up to a year in prison and a $2,500 fine.
You need to show me a birth and death certificate for that to be a corpse.
And then she gets a child credit in her taxes.
Unrelated fun fact on child tax credits: There is a section of the internal revenue code that states if your child has been kidnapped, you can still claim the dependent.
This means that at some point in time, somebody lost a child, and their priority was maintaining that sweet, sweet credit to the point that they went to court to argue the matter.
Edit: It’s in Internal Revenue Code section 152
(6)Treatment of missing children (A)In general Solely for the purposes referred to in subparagraph (B), a child of the taxpayer— (i)who is presumed by law enforcement authorities to have been kidnapped by someone who is not a member of the family of such child or the taxpayer, and (ii)who had, for the taxable year in which the kidnapping occurred, the same principal place of abode as the taxpayer for more than one-half of the portion of such year before the date of the kidnapping, shall be treated as meeting the requirement of subsection ©(1)(B) with respect to a taxpayer for all taxable years ending during the period that the child is kidnapped.
You’re making it sound like it’s definitely the parent who is somehow being cruddy.
Lawsuits over tax interpretation don’t happen until years after the fact and they’re initiated by the IRS.Alternative explanation: someone’s kid was kidnapped, so they took their taxes to a tax prep person and told them to deal with it. Tax prep person checked the boxes for the credit and submitted the taxes.
Later, the IRS says you can’t claim them as a dependent and that they don’t live in your house without providing an alternative address.
The IRS sues HR block as the agent of the taxpayer and five years later a judge says that you actually can, so the code is updated and a new checkbox added.
Didn’t ohio just vote to solidy abortion rights in their constitution? How do you criminally charge someone after having what is essentially a referendum vote on it, and passing it… and then turning around and doing this shit where they just tell the population to get fucked? Is that how I read this?
Unfortunately since it happened in September it happened before the vote took place. Still despicable though
I feel like a good lawyer should be able to work out the situation now that it’s in effect though … no?
It seems absurd to actively pursue a case where the crime is no longer a crime. Like, a reasonable judge would have to dismiss the case … right?
It was passed in November but didn’t take effect until December 7th. This story happened in September.
Catholic hospital leaves this women sitting and waiting for care while they debate on whether or not to provide treatment because of laws and policies. They never provide her treatment and she goes home. What choice did this poor woman have but to have a miscarriage at home. I can’t begin to imagine the horror and hopelessness this woman endured. She would have been in no good mental state to deal with this and honestly her actions shouldn’t be held against her.
Even if she hadn’t gone to the hospital first, this could happen to anyone. 10-15% of pregnancies end in miscarriage, many of them happen at home. Probably even more, but people don’t always realize even when it happens. Just another example in a long list of many many reasons why these anti abortion access laws are wrong. Her actions are not surprising, why would anyone want to be forthcoming about a miscarriage if just acknowledging it may turn the authorities on you? Accusing you of inducing an abortion?
The mother could have died from these delays in care too, this situation can result in sepsis and other complications. As the fetus becomes exposed to the outside world massive infections, fetal death, and then maternal death can all ensue. The first doctor was right, she should go straight to the hospital. But then the hospital just sent her home multiple times with premature ruptured membranes while they deliberate abortion legalities? That’s a hospital admission for continuous monitoring until delivery or an abortion (depending on specifics and gestational age/viability), not a discharge to home and wait situation.
We need these stupid and dangerous laws all struck down yesterday. Anti abortion access laws kill people.
This is obviously a dumb question, but what the fuck are the legal requirements of a miscarriage? I can imagine her thinking she was glad she didn’t have any more appointments or have to pay a huge hospital bill. What else was she supposed to do, and would she have known?
I once passed a kidney stone and they didn’t say to do anything special with it so I threw it away. Same thing, right?
Yeah that’s the crux of the argument the lawyer is making:
Timko, a former prosecutor, said Ohio’s abuse-of-corpse statute is vague. It prohibits treating “a human corpse” in a way that would “outrage” reasonable family or community sensibilities. “From a legal perspective, there’s no definition of ‘corpse,’” she said. “Can you be a corpse if you never took a breath?”
Howard said clarity on what about Watts’ behavior constituted a crime is essential. “For rights of people with the capacity for pregnancy, this is huge,” she said. “Her miscarriage was entirely ordinary. So I just want to know what (the prosecutor) thinks she should have done. If we are going to require people to collect and bring used menstrual products to hospitals so that they can make sure it is indeed a miscarriage, it’s as ridiculous and invasive as it is cruel.”
She’d already been in and out of the hospital, and so when she got home I’m sure she was so traumatized and confused that she probably thought she just had to release whatever was left and move on. Kinda like what happens in a period. The blood comes out, you flush it and clean up, end of story.
I would imagine the “proper” protocol would be for the doctor to “perform” the procedure in a hospital and dispose of it the same way they do of all biological waste. There is absolutely no way she would have an intimate knowledge of Ohio’s corpse desecration laws. I buried my cat in the back yard and that was that. She should be afforded the same dignity here, since the fetus died in utero.
If it cost but a penny, republicans wouldn’t afford dignity for their own mothers.
And they couldn’t afford it without a bailout from California.
The legal requirement seems to be not to have one.
Stuff like that if people who have not a single clue about pregnancy make laws regarding pregnancy.
This has nothing to do with the case above, but it’s a really bad idea to just throw away a kidney stone. It needs to be analyzed so you can come up with a treatment plan with your doctor to help you avoid future problems.
I’ve had several. I guess they figured they’d analyzed enough of them.
I missed the part where you said they didn’t say to do anything special with it. Sorry.
In fairness they asked every other time. They might’ve just forgotten, but in any event I had nothing to do with it. No little bottle or anything. Which I’d guess they didn’t give her one either since she wasn’t sent home to pass it. So anyway it went down the toilet in both cases. Maybe I left too much originally unsaid in that parallel.
I just hope you haven’t had to deal with them too often. I had one kidney stone last year, not even a huge one, and they gave me fentanyl in the hospital to deal with the pain, so I definitely sympathize.
Four times confirmed, I think with a fifth that passed without needing to go to the hospital (had leftover Vicodin at home thankfully from back in the days they weren’t quite as stingy with it - for good reasons I understand but I always used my meds responsibly and stopped taking them as soon as I could to save the leftovers for when they were really needed). Thankfully none have needed surgery but they were all nearly that size. I appreciate the empathy and send some of my own. It’s the worst and they just send you home with pain meds and well wishes.
Oh man and that’s free?
Not in America. But we have insurance, so our medical bills are only… nearing $10,000?
This is horrific on so many levels. I can’t imagine how much trauma this is all causing. 😭
My first step-mother miscarried my half brother’s twin (without knowing she was even pregnant let alone with twins), and the only reason she knew to dig it out of the toilet to be tested was because she was a nurse.
Expecting a traumatized non-medically trained woman to know the same is stupid at best.
Also though, if it’s your first or even second miscarriage in a row, they won’t test it anyway. That’s an optional thing you spend a lot of money on. They straight told me there’s nothing we can do for you and there’s no point in testing after 2, because it’s so common that it’s just normal.
If you go to pass it in the hospital that’s thousands of dollars, and only makes sense if you fear for your life. Dealing with the major period at home on the toilet and with adult diapers is way cheaper and much more comfortable in your grief.
… It’s all so tiresome. Woman > Unborn/zygote/dead
Wtf
They left her waiting, knowing the baby was already dead, increasing her risk of potentially deadly complications. I see no problem here. The dead baby should have been removed.
She should not be charged with anything. There is medical neglect going on here and it’s obvious to me that her life was in jeopardy the longer she carried the dead baby.
I lost my last pregnancy at 20+ weeks due to premature break of my water. I didn’t even realize it had happened, the pregnancy was wanted even if it wasn’t planned, and I am still dealing with the trauma (and the hospital bills). All I can think of is I’m thankful it happened when it did and my doctor didn’t hesitate to induce labor - a medical induced abortion - so my life would be okay. (And I was able to get a copper IUD placed because I know my mental health could not survive the potential loss of another child.)
This poor woman… She is traumatized and our trash legal system wants to fine her and jail her. She needs support and love, not more debt and punishment. I screamed and cried in the hospital surrounded by support medical staff. She was in her bathroom…
This makes my blood boil. The government should have zero say in private medical decisions. Abortion is no one’s first choice.
Garbage state.
Please help this nonamerican understand why her skin colour is relevant?
Because in a country with racism in many areas it is always a part of the topic. The medical system already has issues with treatment of black patients. And law enforcement has severe known bias.
Not saying that is the case here but it is often a part of the story.
Our legal system has historically been often leveraged disproportionately against black folks. That may or may not be the case here, but perhaps the author thinks so.
Unfortunately, this is exactly what a lot of Ohio women were hoping for when they voted Republican.
