Utah Bill Criminalizes Miscarrage

[Scriblerus the Philosophe]

http://www.clevelandleader.com/node/13141

Last week, the Utah House and Senate passed a bill that would make it a crime for a woman to have a miscarriage, and would in most instances make induced abortion a crime. The bill still needs the signature of the governor to be signed into law, but already it is causing concern across the United States.

The bill amends Utah's criminal statute to allow the state [t]o charge a woman with criminal homicide for inducing a miscarriage or obtaining an illegal abortion. The case on which the bill was based was one in which a 17-year-old girl who was seven months pregnant paid a man $150 to beat her in an attempt to cause a miscarriage. She gave birth and later gave the child up for adoption, but was initially charged with attempted murder. The charges, however, were dropped because under Uta[h] law at the time, a woman could not be prosecuted for attempting to arrange an abortion, whether it was lawful or unlawful. The bill recently passed by Uta[h] legislature would change that.

The bill does not affect legally obtained abortions, but it does criminalize the actions taken by a woman to induce a miscarriage or an abortion outside a doctor's care. Penalties range up to life in prison.

Perhaps the most troubling part of the bill is a standard that could make women legally responsible for miscarriages caused by so-called "reckless" behavior. Under the "reckless behavior" standard, an attorney only needs to show that the woman behaved in a manner that is thought to cause miscarriage, even if she did not intend to lose the pregnancy. Under this law, if a woman drinks too much and has a miscarriage, she could face prosecution.

Many states have fetal homicide laws, most of which apply only in the third trimester. Utah's bill, however, would apply through the entire duration of a woman's pregnancy. Even common first trimester miscarriages could trigger a murder trial.

The bill does exempt from prosecution fetal deaths due to failure to follow medical advice, accept treatment, or refuse a cesarean section.

Oh, yes, let's investigate every single miscarriage to see if she meant to loose her baby. Or hell, if her untied shoelaces made her fall down the stairs, let's charge her with murder! Why yes indeed, a life sentence will make all those reckless, clumsy mothers tie their shoes properly!

[Sibling Zono (anon1mat0)]

Well, it's Utah so not that surprising. I guess that means that all sane women between the ages of 10 to 50 should avoid the state, and perhaps review flight plans over it, who knows, a sudden decompression over the state may cause prosecution. 

Frankly the American Taliban never cease to amaze, makes you wonder what comes next.

[pieces o nine]

The bill does exempt from prosecution fetal deaths due to failure to follow medical advice, accept treatment, or refuse a cesarean section.

Interesting exceptions: a kind of 'get out of jail free' card for women who miscarry due to their own (or their partner's) deeply held religious beliefs about relying only on prayer?

[Sibling DavidH]

Interesting exceptions: a kind of 'get out of jail free' card for women who miscarry due to their own (or their partner's) deeply held religious beliefs about relying only on prayer?

Now there's a thought!

The Catholics (mainly) are trying to move Britain in that direction.  Scary.

[Swatopluk]

Here's a nother 'nice' example (this time from Nicaragua)
http://obsidianwings.blogs.com/obsidian_wings/2010/02/the-party-of-life.html

[Sibling Zono (anon1mat0)]

A year or two ago a medically justified abortion got a good deal of publicity in Colombia, with the RC excommunicating the doctors (may be even the nurses) that performed the procedure. Regular abortions are illegal in Colombia although there are hundreds if not thousands of abortion clinics everywhere, frequently performed by non formally trained and/or incompetent individuals, and many women have serious complications that go up to death because of infections or botched procedures.

That is part of the clout of the RC in Latin America. 

[Darlica]

This is crazy. 

I assume that the woman who just had a miscarrage also has to prove that she didn't indented to lose the child...

Guilty until proven innocent?



It scares me s***less that something like this can happen in a country that has taken upon them self to act as world police and the guardian of modern democracy.


I'm very thankful that live on another continent... Or I would have to take meds against high blood pressure.

[Sibling DavidH]

How big a step is it from this to the Taliban punishing women for being raped?
IMHO - a very small step.

[Opsa]

You're right Darlica, it is insane.

It is not the U.S. itself that pushes for these oppressive laws but the Christian Right, which somehow believes itself to have a God-given right to bully everyone around, and which has an unfortunate pull on our government because there are so many vocal voters from the Bible belt. (The sheer volume of these people is likely due to their religious fear of contraception.)

They are not fair, there is just a lot of them.

How can we make reason rear it's lovely head over these frightened folks?

[Scriblerus the Philosophe]

I dunno if we can until it happens to their wives, sisters, and daughters.

It is not the U.S. itself that pushes for these oppressive laws but the Christian Right, which somehow believes itself to have a God-given right to bully everyone around, and which has an unfortunate pull on our government because there are so many vocal voters from the Bible belt. (The sheer volume of these people is likely due to their religious fear of contraception.)

They are not fair, there is just a lot of them.

They terrify me. Theocrats, the lot of them.

[pieces o nine]

Five minutes of Keith Olbermann & Dan Savage commenting on would-be theocrats and cherry-picking Bible verses.






http://www.msnbc.msn.com/id/3036677/#35572508

[Swatopluk]

How big a step is it from this to the Taliban punishing women for being raped?
IMHO - a very small step.

In the US South there recently were cases where trafficked (underage iirc) girls forced into prostitution were arrested and treated as criminals while the pimps walked free (the latter were obviously US citizens while the girls were 'illegal immigrants').

[Scriblerus the Philosophe]

How big a step is it from this to the Taliban punishing women for being raped?
IMHO - a very small step.

In the US South there recently were cases where trafficked (underage iirc) girls forced into prostitution were arrested and treated as criminals while the pimps walked free (the latter were obviously US citizens while the girls were 'illegal immigrants').

There was a law in Atlanta that would have given the girls a way out of prostitution, but it was struck down as it apparently would have "legalized pedophilia"

I was so terribly confused by this.

[Opsa]

Wha'? What was the reasoning there? 

[Sibling Zono (anon1mat0)]

Reasoning? Is that thing still used? In the south?!?!?