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this post was submitted on 16 Dec 2023
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Hold up...
She miscarried the fetus, and tried to flush it.
Ohio's reproductive rights amendment would have ensured she could have gotten help at the hospital, but it would not protect her from the consequences of trying to flush a fetus.
The hospital would have provided that help if they didn't fear potential legal action. She wouldn't have flushed the fetus if she didn't fear legal action.
The problem here is the laws.
Also, it's a non viable fetus. It was never alive. It was never given a birth certificate nor a death certificate. Do you believe she should go to prison for a year after all the trauma she's been through because she flushed it in a state where the law is against her in every way if they find out this even happened?
I think a maximum of 1 year in prison and/or a $2500 fine is a reasonable punishment for deliberately attempting to flush non-flushable wipes into a sanitary sewer.
Since Ohio has adopted its reproductive rights amendment, I would argue that the maximum punishment is rather lenient. If she flushed that fetus today, I'd support the maximum.
Under the conditions she faced back in September, I'd expect a guilty verdict but a suspended sentence.
I guess all I can really say is...what the fuck is wrong with you, man?
What, a suspended sentence is too lenient?
What the fuck is wrong with you?
Uh yes? If a miscarriage at home happens deceased fetal products and placenta come out. If they don't all come out the person may need the assistance of a doctor and D&C to get everything out, any retained products are very dangerous and can result in sepsis and other issues. People everywhere have miscarriages all the time, they often happen at home, and if far enough along there's often recognizable anatomy. Did you want her to bundle the remains up in a bag and bring it to the police station or what? It may be good to try and show it to a doctor in some circumstances as sometimes light can be shed on what went wrong. Though not exactly a mystery in this case as premature rupture of membranes was clearly the issue that led to fetal demise. And there's no specific law in Ohio about handling the products of a miscarriage, other than requiring healthcare providers to offer the remains for burial if the mother chooses. And if the hospital hadn't denied her obviously needed care because of Ohio's dangerous anti abortion access laws, this all would have been taken care of in the hospital for her before she had to go through all of this at home. I can't imagine how traumatic the whole experience must have been.
They're bending some statute relating to corpses in some extreme way it was probably never intended when it was written, they aren't even alleging she induced an abortion or anything like that. If they really interpret the statute that way, then yes they have criminalized most miscarriages in Ohio. Miscarriages happen every day. Is it "abuse of a corpse" every time a doctor does a D&C and the hospital doesn't bury it because the mother didn't want that? Is it "abuse of a corpse" every time a miscarriage happens at home and someone thought it was just a heavy period? People should not be under obligation to bring fetal remains, placenta, and blood clots to the police for examination or something. What a ridiculous idea, it's a trying enough time when that happens as it is. Some people may prefer some sort of ceremony or burial, but I really think that's individual preference and should not be a law. Probably why it's not a law there already, or most places for that matter.
This was the body of a fetus large enough to clog a toilet. If she had managed to get it flushed down the toilet, it would likely be found by a sanitation worker cleaning out the equipment at a sewage treatment plant. That worker would be expected to inform law enforcement upon discovering any human remains, and law enforcement would be expected to conduct an investigation.
The sewer is not an acceptable method of disposing of intact human remains.
Burying it in her back yard would not have been unreasonable. Burning it in a bonfire would not have been unreasonable. Contacting the doctor's office or hospital for advice would have been preferable. Flushing it, or throwing it in the trash is not.
The only mitigation is that the laws were shit. A suspended sentence is plenty enough leniency for the piss-poor state of the laws at the time.
So what? Products of miscarriage end up in the toilet sometimes, it's just facts of life here. It's kind of a natural place to go when fluids and blood are rushing out of you. Law enforcement discovers it was the product of a miscarriage, and that should have been the end of it. There's not even a law dictating this, and for good reason. But they decide to stretch some other law to an extreme that shouldn't apply here, to harass a poor women who suffered a tragedy, exacerbated by a system that failed her multiple times and could have easily resulted in her death. She's the victim here.