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Sat Feb 18, 2012, 07:32 PM

Doesn't Virginia's abortion law violate the new Federal definition of rape?

“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
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This week, the Virginia state Legislature passed a bill that would require women to have an ultrasound before they may have an abortion. Because the great majority of abortions occur during the first 12 weeks, that means most women will be forced to have a transvaginal procedure, in which a probe is inserted into the vagina, and then moved around until an ultrasound image is produced...


(T)he law provides that women seeking an abortion in Virginia will be forcibly penetrated for no medical reason...Requiring a doctor to commit such an act, especially when medically unnecessary, and to submit to an arbitrary waiting period, is to demand an abrogation of medical ethics, if not common decency...
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Does the Virginia abortion law involve:

Penetration? Check.

A body part or object? The transvaginal probe definitely qualifies as an object.

The consent of the victim? Not only is the victim's consent not required, the doctor's consent isn't, either!


That means Virginia's abortion law is automatically and totally unconstitutional on its face -- if you'll pardon the expression...


rocktivity

10 replies, 2835 views

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Always highlight: 10 newest replies | Replies posted after I mark a forum
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Arrow 10 replies Author Time Post
Reply Doesn't Virginia's abortion law violate the new Federal definition of rape? (Original post)
rocktivity Feb 2012 OP
Happyhippychick Feb 2012 #1
annabanana Feb 2012 #2
zbdent Feb 2012 #3
Manifestor_of_Light Feb 2012 #4
COLGATE4 Feb 2012 #5
rocktivity Feb 2012 #6
CTyankee Feb 2012 #7
ShadowLiberal Feb 2012 #8
LiberalAndProud Feb 2012 #9
jtuck004 Feb 2012 #10

Response to rocktivity (Original post)

Sat Feb 18, 2012, 07:54 PM

1. Yes. Which is why my blood has been boiling since this happened.

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Response to rocktivity (Original post)

Sat Feb 18, 2012, 08:21 PM

2. No doubt about it. . . . n/t

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Response to rocktivity (Original post)

Sat Feb 18, 2012, 08:29 PM

3. Excellent point!!!

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Response to rocktivity (Original post)

Sat Feb 18, 2012, 10:43 PM

4. Rape by instrumentality.


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Response to rocktivity (Original post)

Sun Feb 19, 2012, 09:49 AM

5. No, because they're extorting her consent.

If you want the abortion you have to give permission for the ultrasound. Otherwise, they don't do it. This may well be unconstitutional but we'll have to wait for it to get to the USSCt. And even then, I'm not prepared to bet that they will in fact find it to be an 'unreasonable burden' on womens' rights.

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Response to COLGATE4 (Reply #5)

Sun Feb 19, 2012, 11:13 AM

6. Great argument! The law makes, or is intended to make, consent a moot issue

Last edited Sun Feb 19, 2012, 03:09 PM - Edit history (4)

and since you can't get an abortion unless you have an object penetrate you, you can also argue that it's a form of coercion, psychological torture and harassment -- not to mention practicing medicine without a license!


rocktivity

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Response to COLGATE4 (Reply #5)

Mon Feb 20, 2012, 09:26 AM

7. Is the VA chapter of the ACLU on this? Surely, they can figure out a way to present this to

a judge to get a TRO on this law...if this is a coercive measure that women have to submit to in order to exercise their constitutional right to an abortion, particularly since it has no basis in medical practice and can cause undue stress and humiliation in women at the behest of the state...

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Response to COLGATE4 (Reply #5)

Mon Feb 20, 2012, 11:12 PM

8. Yep, which by their logic means most rape isn't rape if the woman was threatened first

Under that kind of republican logic that the woman has to consent to such a probe to get the abortion it also means most rape isn't really rape.

You see, all a rapist has to do to avoid breaking the law is bring a weapon with them, and tell the woman if she doesn't have sex with him that he'll kill her. That way it's 'consensual' and perfectly legal, after all, the rapist didn't have to kill her like he threatened to!

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Response to rocktivity (Original post)

Tue Feb 21, 2012, 02:01 AM

9. And they'll be billed for the experience.

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Response to rocktivity (Original post)

Tue Feb 21, 2012, 04:15 PM

10. Hey, maybe this is a jobs ploy? They could privatize it, contract it out to, say, prisons,


people who have experience with rape.

I wonder how many of these legislators have rape fantasies? Maybe this is a way to keep them out of prison - they can rape women vicariously.

Maybe they could change the state motto to "Virginia. Where women are treated like cattle".

I don't understand why there are not thousands of men and women around the capital. They really want to teach their kids this is ok?

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