Black Woman In South Carolina Won’t Be Indicted for Pregnancy Loss After the State Charged Her With Murder

(Sam Wolfe for KFF Health News)

A case that rocked South Carolina has come to a close, but the scars remain for a woman who lost her baby and faced 20 years in prison after she was charged with murder after a miscarriage.

A state grand jury decided not to indict 23-year-old Amari Marsh, a student at South Carolina State University, who had a miscarriage in her off-campus apartment, CNN reports. The fetus dislodged into the toilet after she suffered pain following a visit to the emergency room at an area hospital on March 1.

Marsh reportedly was “scared,” “freaked out and confused,” after the miscarriage. When the fetus dislodged into the toilet, 911 operators told her to take the fetus out. The charges stem from Marsh’s failure to remove the baby from the commode, which was said to be “a proximate cause of her daughter’s death.”

The next day she went to a hospital where she was vigorously questioned by police who failed to tell Marsh that she was under criminal investigation.

Three months later she was arrested and charged with murder/homicide by child abuse. She also spent 22 days in a local detention facility and was facing a sentence of 20 years to life.

Advocacy groups backed Marsh and brought the case to light about the state restrictive laws around reproductive rights.

“There’s no rulebook for pregnancy loss, and … Amari did nothing wrong and never should have been charged,” said Pregnancy Justice Legal Director Karen Thompson. “The state’s justification of its charge — that Amari waited a whole 10 minutes to call 911 — underscores the fact that being pregnant in America is in and of itself a reason for suspicion, especially if you’re Black.”

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