West Virginia’s top prosecutors are setting the record straight: miscarriages are not crimes, and women should not fear legal trouble or feel obligated to contact law enforcement if they experience one.
The West Virginia Prosecuting Attorneys Association (WVPAA) issued a firm statement Monday pushing back against recent controversial claims made by Raleigh County Prosecuting Attorney Tom Truman.
In a June 2 interview with WVNS-TV, Truman suggested that women should report miscarriages to law enforcement, implying that failure to do so could result in criminal charges.
But according to the WVPAA, this claim does not reflect state law or the views of prosecutors statewide.
“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,” said Tyler County Prosecuting Attorney Luke Furbee, president of the association.
Furbee stressed that the idea of criminally charging women over miscarriages is not supported by state law, nor by the values held by prosecutors across West Virginia.
“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,” Furbee said.
The controversy follows the passage of House Bill 302 in 2022, which banned most abortions in West Virginia except in cases involving medical emergencies, non-viable pregnancies, ectopic pregnancies, or specific circumstances involving rape or incest.
While the law has sparked debate about reproductive rights, it also explicitly states that women cannot be criminally charged for having an abortion, and it does not classify miscarriages as abortions.
Despite this, Truman cited an obscure state law on the improper disposal of human remains—a misdemeanor carrying up to 90 days in jail and a fine—to suggest women who miscarry might be prosecuted depending on their actions or intent.
He also speculated on how a woman’s emotional state or prior comments about pregnancy could affect how law enforcement interprets her situation—an idea that drew sharp criticism from both legal professionals and reproductive rights advocates.
Furbee quickly dismissed the notion that prosecutors across the state were considering such measures.
“This is not a subject matter that has been widely discussed among West Virginia prosecutors, nor does it need to be,” Furbee said, adding that Truman’s statements were not coordinated or endorsed by the association.
Advocates welcomed the WVPAA’s statement. Margaret Chapman Pomponio, executive director of West Virginia Free, praised the group for clearing up the confusion.
“Having a miscarriage is not criminal,” she posted on social media. “The Raleigh County prosecutor was wrong and irresponsible for spreading abhorrent misinformation… Thankfully, he is way outside the mainstream.”
The WVPAA’s unified stance offers clarity and reassurance at a time when reproductive laws are under intense scrutiny nationwide. The message is simple and powerful:
Women in West Virginia who experience a miscarriage should not be treated as criminals — and they don’t need to fear calling the police.
