• Thu, Jan 24 2013

New Mexico Proposes Full Of Crap Bill That Would Make Having An Abortion After Rape ‘Tampering With Evidence’

new mexico abortion billIn fresh dispatches from the world of “you will legally carry every pregnancy to term,” a New Mexico abortion bill introduced yesterday would actually require rape victims to carry the fetus conceived from that rape to term. The reason? The courts need to use your unborn child as evidence for a sexual assault trial to put your rapist in jail.

The Huffington Post reports that Republican Rep. Cathrynn Brown introduced House Bill 206, which would slap rape victims with a third-degree felony (with an up to three year prison sentence) for ending her pregnancy that resulted from a rape.

Apparently, taking advantage of a constitutionally protected right is fiddling with evidence, ladies:

“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 bill says.

Brown clarified the intention of the New Mexico abortion bill in a statement today, in which she said she’s looking to punish rapists with this nonsense:

“New Mexico needs to strengthen its laws to deter sex offenders,” said Brown. “By adding this law in New Mexico, we can help to protect women across our state.”

Pat Davis of ProgressNow New Mexico, a nonprofit, not only described the bill as “blatantly unconstitutional,” she also highlighted that such legislation forces rape victims “to become incubators of evidence for the state.” Literally!

At present, the bill is deemed not likely to pass since Democrats have a majority in both chambers. But even that doesn’t really put my mind at ease when considering such a deeply troublesome way to seek justice for rape survivors.

(photo: thanapun / Shutterstock)

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  • http://www.facebook.com/paul.white.3532507 Paul White

    And the GOP wonders why more of us are going to the libertarians or other 3rd parties…

  • CMJ

    This really just falls under – “Fuck this shit.”

  • jsterling93

    Hmm I guess it doesn’t matter that after an abortion the fetal tissue can be tested and used as “evidence” and that you don’t need an actually child for this.

  • Maggie

    Fingers crossed that this crock of sh*t doesn’t pass. Even if they are “keeping the evidence,” does that mean the state is going to try harder to arrest rapists? Probably not.

  • http://www.facebook.com/KatjaMouse Katja Yount

    “Tampering with evidence shall include procuring or facilitating an
    abortion, or compelling or coercing another to obtain an abortion,…”

    Note the muddy language here. The bill would still protect a woman’s right to chose. However this would result in additional charges to another crime should a victim’s attacker coerce her into abortion. I believe they are thinking more along the lines of adult rapists destroying evidence of abuse towards a minor regardless of her wanting to terminate or not.

    • lea

      And if the victim is the one procuring the abortion? Am I missing something, because the way I read it, that would be considered tampering.

    • K.

      Well, shit, better force 11-year-olds to be pregnant and give birth to their rapists’ children because for the life of me, I can’t think of a SINGLE other way of collecting evidence of sexual abuse except for forcing children to “incubate” evidence for the State.

      Especially since nothing matters more than the State’s prosecution of rapists. Screw the emotional and physical well-being AND the Constitutional rights of the victims.

      And gee, you know, I always thought it was ALREADY illegal for someone to force a woman to have an abortion when she doesn’t want one, because you know, the decision of whether or not to terminate a pregnancy is the mother’s alone and inherent in her constitutional right to CHOICE, but hey, maybe we really NEED a law that explicitly states, just to be clear, that no, you cannot force a woman to have an abortion in order to cover up the fact that you raped her.

      In what way does this “protect a woman’s right to chose [sic]“?? Clearly there is some nuance that you are detecting that I have missed.

  • chickadee

    This could put rape victims in the position of having to choose between reporting a rape and preserving the option of abortion, should it be necessary. Or it may make women think that they have to wait a month or so after a rape in order to get a negative pregnancy result. What a hateful proposal, particularly since, as jsterling points out, the tissue can be tested and preserved as evidence following the abortion.

    This seems to be another appearance of the fake-concern for women that some conservatives love to pull — we need to protect you better, so you should look on this removal of a right as evidence of how much we care. Trolls.

    • TheLily

      This is exactly what I just YELLED at my husband. I feel a bit bad that he’s getting the brunt of my rage, but honestly?! How is this protecting them!?

  • BrittLittle

    So does the “evidence” baby go into storage with the rest of the evidence after prosecution has the dna it needs? Seriously?? What are these people thinking?

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  • K.

    This isn’t even about abortion; this is about subjecting a free individual citizen’s body to needs the State. We don’t even have mandatory military service and THIS is actually seeing the political floor?

    Who keeps electing these assholes?

    • http://www.facebook.com/profile.php?id=100000919176604 Moxie Craftmen

      New Mexico apparently

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  • JWinchester3567

    Technically it’s true. The child is a result of the rape therefore evidence of the rape and aborting the child is tampering with evidence. Although dna is still dna even after an abortion. You need a dna test to prove rapist is the father meaning he had sex with the victim no matter how he protests he didn’t All you need is the dna sample. The cops can always be on hand to take custody of the fetus.

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