In March and early April of this year, a huge story out of Georgia was making the rounds. Now that the situation has calmed a bit, we can step back and take a big-picture look at what happened and what we can learn from it.
Early in the morning on March 20, emergency medical services were called for a woman who was bleeding and unconscious at Brookfield-Mews Apartment Complex in Tifton, Ga.
EMS responders determined Selena had had a miscarriage and transported her to Tift Regional Medical Center for care.
However, while on the scene, a witness told first responders that they had seen Selena put the baby in a bag and throw the bag in the dumpster. Tifton police did indeed recover the body of the baby.
In response, Selena was charged on March 21 with “one count of concealing the death of another person and one count of throwing away or abandonment of a dead body.” Just one day after she was taken to the hospital, Selana was being held at the Tift County Sheriff’s Office awaiting her first court appearances in regards to her charges.
However, two weeks later, both charges were dropped.
[Click here to subscribe to Pregnancy Help News!]
Initially, Tift County District Attorney Patrick Warren had advised officers at the time to “wait for the full medical findings and completed witness statements before moving forward” with charges.
Why the Tifton Police did not heed this advice is unknown, but the charges were made.
In those two weeks, medical reports on the body of the baby came back. Tift County Deputy Coroner Blair Veazy determined the baby was about 19 weeks old, had no trauma to the body, had not taken a breath outside of the uterus, and had died as a result of a natural miscarriage.
Georgia case law states that for concealing the death of another person and abandonment of a dead body, for the person or body to count legally, it must be “born and existed separate and independent of its mother.”
Since the baby did not even take a breath and was naturally miscarried, these two laws do not apply to Selena.
The case law combined with the medical examiner’s findings led to the charges against Selena being dropped. She is no longer being held at the sheriff’s office. Warren made a public statement saying:
“While law enforcement acted in good faith and responded to a very difficult and emotional situation, it’s now clear that no criminal law was violated. As chief prosecutor, it’s my responsibility to take a step back and look at the complete picture. In this case, the medical examiner’s findings—combined with the legal standards—make clear that continued prosecution is not appropriate. This case highlights the importance of careful review and thoughtful decision-making, particularly in sensitive situations like pregnancy loss.
This story is absolutely tragic. I want to take a look at what happened and how this story was handled from several angles. Maybe this can help us come away with a fresh perspective on how to handle miscarriages and assist women who need medical help and emotional support.
Media angle
Many media outlets ran with the story before all the details were known and before the charges were dropped. A ton of pro-choice rhetoric made its way into the media, blaming the arrest on Georgia’s abortion laws as well as the fetal personhood component of these laws. Why, if a fetus is a person, then women can get jailed for all kinds of pregnancy-related or pregnancy-loss-related charges! And this case proves that not only can this happen, but it will happen.
In fact, GA Senator Sally Harrell “called for the reversal of the fetal personhood component of the state’s six-week abortion ban” and cited this case as an example of how such a law would be used to get women in trouble for miscarrying naturally.
She told other legislators in a hearing, “This case demonstrates the idiocy of fetal personhood. Every woman of reproductive age in Georgia who miscarries beyond the six-week marker of Georgia’s law can now be criminalized for a miscarriage.”
It is distressing to hear the blame being placed on pro-life laws. The laws regarding treatment of dead human remains were in play before Georgia’s abortion restriction laws and fetal personhood clause. Even before Roe v Wade fell, Selena’s arrest could have happened.
However, it is possible that more pro-life laws lead to people taking pregnancy and pregnancy loss more seriously and are more aware of these events in their community. Though not a direct reason, legally, for getting Selena arrested, pro-life laws could have a wider societal effect that leads to more instances of disposal of fetal remains getting legal attention. And while the Tifton police seemed to act before having enough evidence to do so, investigating fetal remains left in dumpsters for foul play is not inherently a bad thing to do.
The witness
Pro-choice media and organizations have claimed that pro-life laws will turn states and communities into places where people are bounty hunters and pregnant women are under constant surveillance for any slip-up.
But there is no evidence that the witness mentioned in the media was out to get Selena, hated women, or was a far-right pro-life fanatic.
How many people, with a good conscience, would not tell police that they had seen a woman throwing a baby’s body into a dumpster? That’s not something you typically keep to yourself. Fears of a surveillance state or bounty-hunting neighbors are uncalled for in this case.
Selena
Selena told case investigators “she did not know what else to do with the fetal remains.”
Selena had a miscarriage at 19 weeks. Her baby was the size of a mango. She saw their facial features, their hands and feet. And she did not know what to do with her dead baby, how to handle their remains appropriately.
Many pro-life people on social media mentioned the cruelty of putting the baby in the dumpster. But what if it had been you who miscarried? Do you know what to do? Does the average woman in America know? What even can be done? Does it vary by state? What if you live in a rural area?
As Monica Snyder of Secular Pro-life pointed out, there is no single way to handle miscarried remains, and medical professionals and general society typically have no clue what to do, either.
The authorities
Again, there is no reason given in any of the news stories I have found as to why Tifton police rejected the advice of the county District Attorney and arrested Selena anyway. Because of this, I will stay away from speculation on the whys and just say that I think they jumped the gun on this one.
The District Attorney eventually dropped the charges against Selena. This was a wise move in the face of evidence and case law and helps show what pro-life people say all the time: Pro-life laws are not about punishing pregnant women.
How can we do better?
What was the real issue in this case?
Some people would say the issue is pro-life laws which state the fetus is a person, resulting in harmful outcomes to women even when they are not having an abortion.
Some people would say the issue is Selena and women like her, who seem to callously treat the bodies of their dead babies, showing a cultural and societal aversion to respecting fetal life.
I would argue the issue is a state and a county - a culture and a society - that don’t know how to handle miscarriage.
It’s still a pretty taboo topic, despite the fact that miscarriage is tragically very common. We don’t know how to support or comfort people during and after a pregnancy loss. We don’t know what resources are available to help them honor their lost baby — and honestly, not many resources may be available depending on where they live. As common as it is to have a miscarriage, it is just as common to have no idea what to do next with the human remains. What do you do? Who do you call?
Very likely, you know a woman who has had a miscarriage. Or you know a woman who will have one in the future. How can we be better prepared to help support that woman?
Tweet This: The issue is a state and a county - a culture and a society - that don’t know how to handle miscarriage.
Resources for women who have miscarried
Heaven’s Gain Ministries provides support and material help to women who have miscarried as well as to organizations who wish to help women. Miscarriage kits, baby urns, and baby caskets are available. They are even piloting a new program of Lawn Boxes, which would let a church, parish, pregnancy care center, or other organization have a lawn box housing a miscarriage kit that women could access 24/7.
The Early Pregnancy Loss Association offers care kits and some helpful general instructions on how to handle a miscarried baby’s remains.
Many pregnancy help centers offer support groups for women who have lost a baby due to miscarriage. You can search for one near you using OptionLine.org.
These are just a few starting points, but I encourage everyone to take some time to search online or ask around in your circles to find out what kind of support or resources there may be to help a woman who experiences miscarriage.
Let’s strive to build a culture where no woman has to throw her baby in the dumpster simply because she has no idea what to do with the remains, a culture where we can truly care for the physical and emotional needs of a woman (and family) after a miscarriage — a culture of life.
Editor's note: Heartbeat International manages Option Line and Pregnancy Help News.
