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There is nothing here that says a woman has to take the child to term, or that she can't have an abortion. It only punishes those who obtain or coerce another to obtain an abortion in order to destroy evidence.
“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," (Emphasis added)
Under this law, if a rape victim gets an abortion, she faces up to 3 years in prison for felony charges!
This is a combination of several false statements.
Pat Davis of ProgressNow New Mexico, a progressive nonprofit opposing the bill, called it "blatantly unconstitutional" on Thursday. “The bill turns victims of rape and incest into felons and forces them to become incubators of evidence for the state,” he said. “According to Republican philosophy, victims who are ‘legitimately raped’ will now have to carry the fetus to term in order to prove their case.“
Originally posted by DarthOej
Originally posted by Benevolent Heretic
Interestingly, she is now saying it was a "drafting error" and it's not what she meant the bill to say... I think more likely, she didn't realize the repercussions and is now trying to back out...
Source
Rep. Nate Gentry, R-Albuquerque, said Brown's intent was to focus on a perpetrator, such as a stepfather who raped a teen, impregnated her and then demanded that she get an abortion.
Brown did not want to put any onus on a rape victim, Gentry said.
An attorney, Brown said her practice is to edit a bill carefully before releasing it. This time, a drafting error occurred and she was not diligent enough so it got through, she said.
I'm not buying it Ms. Brown...
Text of Bill
Or even more likely she knew what she was proposing, tried to pull a fast one, and got busted. Putting aside political labels for a moment, how does someone like her even get elected? Does she lie to her constituents, or do they honestly believe in what she says?
Originally posted by seabag
Originally posted by Advantage
Originally posted by Benevolent Heretic
This is hilarious! Considering that The Republican Party seeks to Learn from their Mistakes...
If the GOP wants to be relevant in the next presidential election, they need to get rid of the whack-jobs in 2014. I'll be doing my best to that end. I'm in New Mexico.
I hope they keep up this BS.. it wont pass anyway.. but keep showing how out of touch they are. Gives us Libertarians a chance to win an election.
I’m a conservative (about as right as they come) and I surely don’t agree with this garbage. I think you’re seeing the fringe element of the religious right pushing buttons here. This kind of crap costs us elections.
This isn’t conservatives pushing this…..or mainstream GOP…..it’s the religious fringe (a small portion….more prevalent in the south). Don’t be dishonest and lump us all together as if this is a mainstream position of the right.
Originally posted by charles1952
reply to post by windword
Dear windword,
A great joy to see you again, and I understand your being upset in this matter. I hope you won't think less of me for taking the opposite side from everyone in this thread. I think it needs a little more thought, although I applaud your instincts.
I'll argue that this is a good and constitutional law, and that women should celebrate it. I hope you don't mind if I repeat the only change to an existing bill dealing with the tampering of evidence:
There is nothing here that says a woman has to take the child to term, or that she can't have an abortion. It only punishes those who obtain or coerce another to obtain an abortion in order to destroy evidence.
“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," (Emphasis added)
Under this law, if a rape victim gets an abortion, she faces up to 3 years in prison for felony charges!
So, this statement is not quite accurate.
A woman could go into a hospital and say "I want an abortion, I was raped three months ago (or last week) and you should keep some tissue as evidence." No problem and the evidence is preserved. Yes, as posters have pointed out, you can get tissue from the foetus, but there is no reason to unless the woman claims rape or incest.
Think of an abusive boyfriend who says "Get an abortion. Keep your mouth shut, I'll be in there with you. Say a word and I'll kill you." The boyfriend can be charged under this law.
This is a combination of several false statements.
Pat Davis of ProgressNow New Mexico, a progressive nonprofit opposing the bill, called it "blatantly unconstitutional" on Thursday. “The bill turns victims of rape and incest into felons and forces them to become incubators of evidence for the state,” he said. “According to Republican philosophy, victims who are ‘legitimately raped’ will now have to carry the fetus to term in order to prove their case.“
In short, this bill places no extra burden on the woman and adds a penalty for those trying to hide evidence of a crime. I like it.
With respect,
Charles1952
51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013
INTRODUCED BY Cathrynn N. Brown
AN ACT RELATING TO CRIMINAL LAW; SPECIFYING PROCURING OF AN ABORTION AS TAMPERING WITH EVIDENCE IN CASES OF CRIMINAL SEXUAL PENETRATION OR INCEST. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-22-5 NMSA 1978 (being Laws 1963, Chapter 303, Section 22-5, as amended) is amended to read: "30-22-5.
TAMPERING WITH EVIDENCE.--
A. Tampering with evidence consists of destroying, changing, hiding, placing or fabricating any physical evidence with intent to prevent the apprehension, prosecution or conviction of any person or to throw suspicion of the commission of a crime upon another.
B. Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another .190749.3
www.nmlegis.gov...
A woman could go into a hospital and say "I want an abortion, I was raped three months ago (or last week) and you should keep some tissue as evidence." No problem and the evidence is preserved. Yes, as posters have pointed out, you can get tissue from the foetus, but there is no reason to unless the woman claims rape or incest.
Think of an abusive boyfriend who says "Get an abortion. Keep your mouth shut, I'll be in there with you. Say a word and I'll kill you." The boyfriend can be charged under this law.
This law will allow for the prosecution of doctors and nurses who knowingly perform an abortion on a rape victim who does not want to report that rape to the police.
As these individual will be charged with felony offenses, they will need to pay big bucks for their legal support.
It gives the prosecutor unprecedented leeway to harass and make examples of abortion providers, creating an even more hostile environment for them and the women for whom they provide legal service.
Absolutely true, if they can show intent to destroy evidence.
It also will allow for the prosecution the woman seeking the abortion.
Do you know of any other situation where knowingly and intentionally covering up evidence of a felony doesn't get you charged as an accessory after the fact?
Reporting the crime to the police
Why report the crime to the police? It is your choice whether you report the crime to the police. Some people choose not to report or may not report straight away for reasons important to them.
You may not want to speak to police or anyone else about what has occurred but
you may change your mind at a later date. If you make a note of the following
information about the crime then it can greatly assist police if you do decide to
make a report at a later date
www.justice.qld.gov.au...
Does the woman have some responsibility to society at large to help remove criminals?
Will this bill make it easier to prosecute rapists for, at least, something?
Originally posted by charles1952
reply to post by DarthOej
Dear DarthOej,
Good point. "Intent" cases are a little tricky to prove, but that works to the woman's advantage. The Prosecutor is the one who has to prove his case, not the defense. The State has to prove that the abortion was obtained with the intent to hide evidence. Mind a little "inside baseball?"
Either the police, or the prosecutor while digging through some other case, will see something that maybe looks like its run afoul of this law. The prosecutor (probably an assistant) will pull out the law as written and look at every word in it. (Here, I'm assuming a reasonably competent and moral prosecutor.) They know from law school and experience how to read a ststute. They will break it down into parts and ask "Can I prove every part of the statute has been violated?' If not, they either ask for more investigation or throw the case away.
When they think they can prove the case, it goes up to the chief prosecutor (titles vary). The assistant gives a three minute summary of the case and the chief double-checks the thinking. Then he asks himself at least these questions (I know, because I've done it), "Does prosecuting this case serve justice." "What resolution is fair? Probation, jail, a warning?" They will even sometimes check with the police involved, asking questions like "Was this person cooperative, excessively rebellious, repentant, what?
They will continue by asking "What will a jury think after hearing the defense?" "If this is a high profile case, what are the costs to the system of Justice if we lose? Should we wait for a clearer case?" Then after all of this he gives the yes or no to the prosecution.
If, as in your case, the assistant goes to trial and loses, worse still if the judge yells at him, the assistant will soon be looking for other work. There are more attorneys out that then there are jobs, there's no trouble finding another.
On top of all that, everyone knows that the first case of this kind will be appealed, regardless of the result. That has to be considered as well.
Finally, at this level, the chief prosecutor has to be re-elected. That keeps a little check on them as well.
With respect,
Charles1952edit on 24-1-2013 by charles1952 because: spelling
Originally posted by DarthOej
Putting aside political labels for a moment, how does someone like her even get elected?
In Pennsylvania, for example, President Barack Obama received 52 percent of the vote, compared with Mitt Romney's 46.8 percent total. However, Democrats won only five of the state's 18 seats in the House of Representatives. As Slate's Dave Weigel points out, the state's congressional districts have been gerrymandered to keep suburban and rural areas red. Ohio shows a similar trend, with just four of the state's 16 seats going blue.
Originally posted by MoonChild02
That is not what this is about. This is not going to force anyone to not have an abortion, this is to stop rapists and others from forcing innocent women into abortion.
HOUSE BILL 206
51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013
INTRODUCED BY
Cathrynn N. Brown
AN ACT RELATING TO CRIMINAL LAW; SPECIFYING PROCURING OF AN ABORTION AS TAMPERING WITH EVIDENCE IN CASES OF CRIMINAL SEXUAL PENETRATION OR INCEST.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
...
B. 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.
That is not what this is about. This is not going to force anyone to not have an abortion, this is to stop rapists
This doesn't stop abortions, it stops forced abortion.
It makes abortion clinics turn the contents of the abortion over to the police.
As for what pro-lifers want, we want justice for the women we've seen hurt by abortion.
Also, who says that women who are raped even want abortion?