New Mexico is Too Close to Arizona

[crashhelmet]

From the Huffington Post
New Mexico Bill Would Criminalize Abortions After Rape As 'Tampering With Evidence'

New Mexico State Rep. Cathrynn Brown (R) proposed a new bill that says rape victims that get pregnant from the attack and have an abortion will be charged with a third degree felony for "Tampering with evidence."

So... If this bill passes and becomes law, which is highly unlikely, this would almost guarantee that the pregnancy be carried to full term. Our justice system is backlogged that it would take that long, if not longer, to get a conviction.

This seems like it would actually encourage more victims NOT to press charges against their attackers.

[Nekojin]

One analysis on this that I saw was that it was an attempt to criminalize the doctors, not the victims. But it's vaguely-worded enough that it's hard to be sure, and it's pretty much the epitome of a bad law.

[Greenday]

Well, people will continue to find ways to try to force women to pop out babies because that's their only job in life. Get out there and hoe it up for God!

[Sarah Valentine]

Couldn't they just get DNA from the fetus after the abortion, I'm pretty sure these women don't want to have to carry around a rape baby.

[HYHYBT]

One analysis on this that I saw was that it was an attempt to criminalize the doctors, not the victims. But it's vaguely-worded enough that it's hard to be sure, and it's pretty much the epitome of a bad law.

...which just means that instead of making abortion effectively unavailable only for rape victims, it would do it for all women, because in that case a woman who had been raped would be fully justified in lying to the doctor about how she became pregnant, which means anyone who wants an abortion might be a rape victim, which means any abortion might lead to prison, so why risk it?

[BlaqueKatt]

New Mexico State Rep. Cathrynn Brown (R) proposed a new bill that says rape victims that get pregnant from the attack and have an abortion will be charged with a third degree felony for "Tampering with evidence."

Seriously? the police can get a warrant, and initiate "chain of custody" for the "products of conception"-which can then be tested.

[Panacea]

One analysis on this that I saw was that it was an attempt to criminalize the doctors, not the victims. But it's vaguely-worded enough that it's hard to be sure, and it's pretty much the epitome of a bad law.

The numbwit who wrote this travesty is trying to claim it will discourage rape in the first place. How, I can't see since most rapists don't give a whit if their victim gets pregnant or not. I suppose it could be intended to penalize rapists (who often know their victims) from forcing the victim to get an abortion, but the vauge wording would actually punish both the victim and the doctor.

I find it ironic that this pathetic attempt to outlaw abortion through a backdoor turns a fetus from an "unborn child" whose life is sacred, to "criminal evidence."

Yes, Johnny, you were born so a prosecutor could hold you up as Exhibit A.

The whole idea essentially turns a baby into an object, when the whole point of anti abortion advocates is that the fetus is a human being, not an object.

Couldn't they just get DNA from the fetus after the abortion, I'm pretty sure these women don't want to have to carry around a rape baby.

Yes, absolutely they could. Thing is, all it would prove is paternity. It doesn't prove rape.

To prove rape, you need to do a rape kit as soon as possible after the crime occurs. If you do it within 72 hours you can give Plan B and prevent a pregnancy from happening in the first place, which is ideal for most rape victims (save those who might choose not to take it--choose, not arm twisted).

So that makes this bill even more fucked: preserving this "evidence" is both unnecessary and useless in a rape case.

[BlaqueKatt]

I suppose it could be intended to penalize rapists (who often know their victims) from forcing the victim to get an abortion, but the vague wording would actually punish both the victim and the doctor.

And that's actually what it's for, I feel bad for jumping on the "outrage bandwagon" without checking first....in my defense I just had my pitchfork polished, and really wanted to show it off....




The bill is being reworded.

even though we all failed, reading comprehension

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,"

I highly doubt a rape victim's intent is to destroy evidence.

Rep. Cathrynn Brown, a Republican from Carlsbad, said Thursday she will revise the bill, which she said was intended to target perpetrators of rape or incest who try to cover their tracks by forcing their victims to have abortions. Although the clause regarding intent would seem to preclude rape victims from being charged, several critics read the bill as possibly including them. Brown said she will clarify the language to remove any ambiguity.

[Panacea]

While I realize the bill is worded to exclude those who don't have abortions to eliminate the products of that rape (a baby), it is still ambiguous and it wouldn't take much for a prosecutor to decide that a fetus is automatically evidence regardless of intent. Laws get twisted around all the time like that.

The bill still reduces a fetus to an object, by classifying it as "evidence."

[s_stabeler]

personally, I'd figure it'd be easier to make it an offense to force someone to get an abortion. It'd cover this, as well as being harder to abuse.

[Seifer]

I highly doubt a rape victim's intent is to destroy evidence.

What's to stop an overzealous pro-life prosecutor or police officer from accusing a rape victim of doing just that?

How the hell is a pregnancy "evidence" for rape, anyway? Just because a baby is made through an incestuous sexual relationship doesn't immediately quantify it as "rape." Not unless we're talking about statutory rape, but the bill doesn't clarify that's what it's referring to when it says "rape."

[Mytical]

Seriously..sometimes I worry about people, and other times I REALLY worry about people. I want to know what drugs the person/people who thought this up were on..and why the heck they are not sharing..cause that has to be some GOOD (or bad...or .. I guess it depends on how you look at it) stuff there. If they can make absolutely sure it only prosecutes anybody who tries to force an abortion to cover their tracks fine, but we ALL know that is about as likely to happen as I am to grow wings, a snout, and start oinking.