HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Latest Breaking News (Forum) » New Mexico Bill Would Cri... » Reply #23
Introducing Discussionist: A new forum by the creators of DU

Response to kpete (Original post)

Thu Jan 24, 2013, 11:53 AM

23. Hold on now.

“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,"

The title analysis of the bill is flawed. This does not target the rape victim. It MIGHT target the doctor that performs it, if it goes into law as it is written.

Check the bold bits. So if a father raped his 12 year old daughter, got her pregnant, and then forced her to have an abortion, the way I read that, this makes HIM the criminal, not the pregnant girl. If the victim sought the abortion on her own, there is no clear intent to destroy evidence, no coercion, no compulsion, this statute would be unenforceable.

I would think this is a win, in the case where the rapist has some form of control over the victim, and in cases where a woman herself seeks an abortion to eliminate a pregnancy that resulted from her being raped, the statute looks powerless.

There MIGHT be a challenge around 'intent to destroy evidence', I could see some fuckhead trying to abuse that to apply it to anyone seeking an abortion after a rape, but the letter of the law appears aimed at rapists that exert some control over the victim, like a child, or abuse victim that lives with the abuser.

The other risky bit looks like the 'facilitating' piece, which might be abused to target an abortion provider that didn't KNOW the victim of the rape was being coerced into the abortion by the abuser.

If that language could be cleaned up a bit, the end result is no chilling effect on women seeking abortion to eliminate a pregnancy resulting from a rape, and piling on charges to the rapist if in the case of coercion. Hell, it's ALMOST reasonable as the language stands now. Highly unusual for a republican source.


Edit: I suppose it might also be problematic around the victim seeking an abortion to eliminate a pregnancy without ever reporting the rape to the police... Still, one could easily claim duress if the rapist has some control over the victim's life/safety/well being.

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 78 replies Author Time Post
kpete Jan 2013 OP
Nancy Waterman Jan 2013 #1
Scairp Jan 2013 #65
cstanleytech Jan 2013 #2
alp227 Jan 2013 #62
oldhippydude Jan 2013 #3
yellowcanine Jan 2013 #4
uhnope Jan 2013 #47
derby378 Jan 2013 #5
OKNancy Jan 2013 #6
hlthe2b Jan 2013 #7
elleng Jan 2013 #63
niyad Jan 2013 #8
olegramps Jan 2013 #9
struggle4progress Jan 2013 #10
Moonwalk Jan 2013 #30
Angry Dragon Jan 2013 #11
barbtries Jan 2013 #12
CBGLuthier Jan 2013 #13
SunSeeker Jan 2013 #21
niyad Jan 2013 #54
SunSeeker Jan 2013 #56
SunSeeker Jan 2013 #14
niyad Jan 2013 #17
SoapBox Jan 2013 #15
CarmanK Jan 2013 #16
TlalocW Jan 2013 #18
kiranon Jan 2013 #42
RC Jan 2013 #43
uppityperson Jan 2013 #19
Orrex Jan 2013 #20
Ezlivin Jan 2013 #22
LineReply Hold on now.
AtheistCrusader Jan 2013 #23
sinkingfeeling Jan 2013 #31
AtheistCrusader Jan 2013 #33
sinkingfeeling Jan 2013 #34
AtheistCrusader Jan 2013 #38
niyad Jan 2013 #55
Scairp Jan 2013 #66
niyad Jan 2013 #67
Scairp Jan 2013 #72
booley Jan 2013 #50
bamacrat Jan 2013 #24
Solly Mack Jan 2013 #25
allan01 Jan 2013 #26
sinkingfeeling Jan 2013 #27
glinda Jan 2013 #28
Smilo Jan 2013 #29
iandhr Jan 2013 #32
NightOwwl Jan 2013 #35
Historic NY Jan 2013 #36
xocet Jan 2013 #37
HockeyMom Jan 2013 #39
marshall Jan 2013 #40
Scairp Jan 2013 #68
Odin2005 Jan 2013 #41
leftynyc Jan 2013 #44
Gormy Cuss Jan 2013 #45
Tx4obama Jan 2013 #46
hifiguy Jan 2013 #48
Ash_F Jan 2013 #49
indepat Jan 2013 #51
Kalidurga Jan 2013 #52
Auntie Bush Jan 2013 #53
ZombieHorde Jan 2013 #57
Spitfire of ATJ Jan 2013 #58
niyad Jan 2013 #59
Spitfire of ATJ Jan 2013 #60
LarryNM Jan 2013 #61
greymattermom Jan 2013 #64
brooklynite Jan 2013 #69
butterflygirl Jan 2013 #70
niyad Jan 2013 #74
EvilAL Jan 2013 #71
and-justice-for-all Jan 2013 #73
mahatmakanejeeves Jan 2013 #75
RKP5637 Jan 2013 #76
duhneece Jan 2013 #77
duhneece Jan 2013 #78
Please login to view edit histories.