Women Criminally Liable for Illegal Abor

iVillage Member
Registered: 10-28-2005
Women Criminally Liable for Illegal Abor
13
Thu, 03-11-2010 - 11:07am
What do you think? Should women be held liable?
New Utah Law Holds Women Criminally Liable for Illegal Abortions

(March 10) -- In Utah, women who seek out illegal abortions can now be charged with criminal homicide.

Utah Gov. Gary Herbert on Monday signed the controversial law that allows women to be charged "for killing an unborn child."

The push for the legislation began after a 17-year-old caused an outcry in May when she paid a man $150 to beat her in the stomach in the hopes of ending her pregnancy. A Utah judge said the girl could not be prosecuted because there was no law holding women responsible for the death of their fetus. So Republican state Rep. Carl Wimmer introduced legislation to put an end to such acts, which he has called "heinous."


....


And critics say it goes too far.

"It's pretty extreme to target the women themselves and to criminalize behavior during their pregnancy," said Jordan Goldberg of the Center for Reproductive Rights, an abortion rights group. He said that while the case of the 17-year-old girl was "tragic," education and better access to legal abortion would have been a better way to address the issue. "The fact that she was desperate enough to pay someone to beat her means the answer wasn't to lock her up," Goldberg said in a phone interview.


....



Pages

iVillage Member
Registered: 04-02-2009
Mon, 03-15-2010 - 8:43pm
Moronic.
 

****************************************************


"Of
iVillage Member
Registered: 03-07-2008
Sat, 03-13-2010 - 9:15pm
Yes, yes it is! Sexiest Dr EVAR :D
iVillage Member
Registered: 03-26-2003
Sat, 03-13-2010 - 9:04pm
OT--That's Tennant, isn't it in your siggy? The BEST Dr. Who EVER!

The 3 Day

Sandy
iVillage Member
Registered: 03-07-2008
Sat, 03-13-2010 - 12:59pm
Here's hoping it fails miserably AND that they get to look stoopid at the same time. Double win ;)
iVillage Member
Registered: 06-17-2007
Sat, 03-13-2010 - 12:49pm
That would appear to be correct. Yes, my understanding is that such laws are, in effect, unenforceable. But as I was saying to mom_carmina, these laws are passed with the idea that they will be challenged in court. The law's proponents are hoping that the challenging of the law will make it all the way to SCOTUS, which they hope will use the law to overturn Roe. We saw it a couple years ago on this board with a law from South Dakota, where the people who proposed the law hoped just that sequence of events would happen.




Powered by CGISpy.com


Thanks to Spencer (gespenst) for the beautiful signatures!
Lilypie 2nd Birthday PicLilypie 2nd Birthday Ticker
Photobucket
Photobucket




Powered by CGISpy.com


Thanks

iVillage Member
Registered: 03-07-2008
Sat, 03-13-2010 - 10:21am
So if the woman goes outside Utah is she all good then? I also thought RvW superceded any state laws.
iVillage Member
Registered: 02-06-2009
Fri, 03-12-2010 - 4:45pm

Holly, you're moving back to Utah? Why/when/etc? (email me if you prefer to talk off-board)

Meez 3D avatar avatars games
iVillage Member
Registered: 06-17-2007
Fri, 03-12-2010 - 2:41pm

<>

Not really. Did you read the text of the bill that I attached in post #3? Just in case, here's what it says specifically:

(3) A person is not guilty of criminal homicide of an unborn child if the sole reason for the death of the unborn child is that the person:
(a) refused to consent to:
(i) medical treatment; or
(ii) a cesarean section; or
(b) failed to follow medical advice.
(4) A woman is not guilty of criminal homicide of her own unborn child if the death of her unborn child:
(a) is caused by a criminally negligent act or reckless act of the woman; and
(b) is not caused by an intentional or knowing act of the woman.

In other words, she's only guilty of criminal homicide in this context if she deliberately and knowingly seeks abortion services outside the allowed reasons for having one. This is significant because this bill overrides a bill passed just a few weeks ago, which did not make this distinction. The bill passed March 10 was passed specifically to make this distinction.

I also disagree with your assertion that these laws are designed to sit around until Roe is overturned. Rather, these laws are created with the idea that their constitutionality will be challenged up to the U.S. Supreme Court, which the bill's sponsors hope will use the case to overturn Roe.

I agree that on paper the law is unenforceable. But there are precious few places to get an abortion in Utah. I could find only two. Not even Planned Parenthood provides abortion services there.




Powered by CGISpy.com


Thanks to Spencer (gespenst) for the beautiful signatures!
Lilypie 2nd Birthday PicLilypie 2nd Birthday Ticker
Photobucket
Photobucket




Powered by CGISpy.com


Thanks

iVillage Member
Registered: 06-24-2009
Fri, 03-12-2010 - 1:18pm

Odd state, Utah. It seems that miscarriage could result in a woman going to prison but... hot tubbing nude with a minor and then paying her off to keep quiet about it gets hugs and sympathy from the same legislators.

http://www.deseretnews.com/article/700016009/House-Majority-Leader-Kevin-Garn-admits-to-incident-with-girl-in-past.html

Just about says it all, doesn't it?

iVillage Member
Registered: 06-24-2009
Fri, 03-12-2010 - 7:54am

Laws that violate Roe are unenforceable - there are many laws on the books in states that are unenforceable, but waiting to go into effect the minute Roe is reversed.

Yes, that girl is an illustration of why such bans don't work - even when enforced, because childbearing isn't about convenience. It's so huge, it can be a matter of desperation. A teen that can get pregnant should be able to go to a medical professional for advice, and if necessary, medical treatment, without the caveat of a court order or parental involvement. Teenagers especially are in that grey zone where they can get into very adult situations, but do not yet have adult judgement. When they feel cornered, they might do something like this teen did.

Does Utah have restrictions on Childbearing "for convenience"?

No, because no one would describe a woman deciding to have a baby for "convenience" but it's common to describe deciding not to have a baby in those terms. Even if a woman is getting pregnant simply to get a lover to leave his wife, or keep a husband from leaving her - which I think are incredibly immoral and irresponsible childbearing decisions.

Pages