New Mexico Bill Would Imprison Rape Victims Who Receive Abortions

From Think Progress:

Should a recently introduced bill in New Mexico become law, rape victims will be required to carry their pregnancies to term during their sexual assault trials or face charges of “tampering with evidence.”

Under HB 206, if a woman ended her pregnancy after being raped, both she and her doctor would be charged with a felony punishable by up to 3 years in state prison:

Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another to obtain an abortion, of a fetus that is the result of criminal sexual penetration or incest with the intent to destroy evidence of the crime.

Comments

14 Comments so far. Leave a comment below.
  1. guest,

    The key word is “with the intent to destroy evidence of the crime”. Good luck proving that would ever be a rape victim’s intent, American Taliban.

    It should be noted that Rep. Cathrynn Brown (R) is the one who introduced this, in case any New Mexico residents in her district want to know which douchebag to vote out.

    Like or Dislike: Thumb up 2 Thumb down 0

    • outeast,

      Ambiguous, isn’t it?

      One reading would put the onus on the prosecution to prove such an intent (which could be plausible: imagine a man who rapes an underage person in his care but gets her pregnant, then gets her an abortion to keep it hidden from public knowledge).

      OTOH, if the fetus is ‘evidence of the crime’, and an abortion is an attempt to destroy the fetus, then one reading could still put the victim etc. in trouble. It’d need a total shitswizzler of a judge to go with that reading, but there are a few about…

      Like or Dislike: Thumb up 0 Thumb down 0

  2. LL,

    Sounds like all you have to do is not intend to destroy evidence of the crime. So just put the aborted fetus in the freezer for the police to use as they see fit to prosecute the rapist. Because we all know this bill is only about getting the rapists.

    Like or Dislike: Thumb up 4 Thumb down 0

    • SJ,

      I am a child abuse detective, and this is exactly what I have done in the past. Of course, I am not in the US, so this was done quite easily and with recognition that it was the best thing for all involved. The evidentiary value of the products of conception were maintained every bit as easily as attempting to bring the pregnancy to term. I was told by a doctor that an 11 or 12 year old who can technically conceive doesn’t necessarily have the physical development to safely carry to term either.

      I wonder if these legislators would be willing to accept the responsibility -moral and legal- for the risks that the victim would have to endure, and as well accept financial responsibility for their ‘evidence’.

      Like or Dislike: Thumb up 9 Thumb down 0

  3. KingTaco,

    What’s the next great bill in our ongoing fight against victims of rape? Giving custody of the child over to the rapist in the event that the victim does more time than he does?

    Like or Dislike: Thumb up 8 Thumb down 0

  4. babysnaakes,

    @KingTaco In 31 states a rapist can actually sue for visitation/custody rights

    Like or Dislike: Thumb up 1 Thumb down 0

    • KingTaco,

      How? Why? Who would ever even allow such a thing? What reason could anyone possibly have to let a rapist continue to harass a victim with the assistance of the legal system? I don’t know, thanks for helping me lose even more faith in humanity I guess.

      Like or Dislike: Thumb up 0 Thumb down 0

      • Bacopa,

        Because on some level a lot of legislators think rape is kinda cool. Perhaps some of them have been rapists, That would explain a lot. Secondly, there’s the whole “legitimate rape” thing that actually became a political issue this election season. She couldn’t really have been raped if she became pregnant. She needs to be punished for her sluttishness by having the baby. They know it’s a burden and not a “gift from God” and they like it that way.

        And here’s a message man-to-man. You want to have enthusiastic consensual hookups? Hold your creepster rapey dude friends accountable. Let them know your are watching. Don’t let them help that drunk girl home. Put her on the couch or send her home with someone else. Speak up when they are boasting of some exploit that seems questionable. Make them afraid of you, make others afraid of them.

        Rape prevention efforts that focus on women’s behavior usually just reenforce the idea of victim blaming. Men rape, so rape prevention efforts should be directed at them, and most men should not have any problem helping with this.

        Like or Dislike: Thumb up 14 Thumb down 0

  5. incredulous,

    babysnakes, I would love to cite that fact at some people. Where’d you get it?

    Like or Dislike: Thumb up 0 Thumb down 0

  6. incredulous,

    Also, it looks like Rep. Brown is not a fan of all this negative attention, and she has attempted a hasty, backpedal-y revision to her turd of a bill.

    Like or Dislike: Thumb up 0 Thumb down 0

  7. Valeria,

    This is reprehensible. I hope that Representative Brown has sufficient shame to crawl back into whatever dark hole she originally emerged from.

    Like or Dislike: Thumb up 0 Thumb down 0

  8. Lurker111,

    Are repubs -trying- to flout their deranged ideas?

    Or is it that belonging to today’s GOP -requires- a deranged mentality?

    Like or Dislike: Thumb up 1 Thumb down 0

  9. Mike K,

    Thus world gets more eff’d up every day.

    Like or Dislike: Thumb up 0 Thumb down 0


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