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In Virginia, a miscarriage could be a felony

Discussion in 'Alley of Lingering Sighs' started by Dalveen, Feb 27, 2008.

  1. Dalveen

    Dalveen Rimmer gone Bald Veteran

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    Remove all ads!
    Now, im no expert on this, i just thought i'd post it and see what everyone opinion is, especially if the lawyers could clarify any part of it, i hate legal speak :p

    http://www.richmondsunlight.com/bill/2008/hb1126/fulltext/
    Blog obtained from: http://www.idrewthis.org/

    Yes, i know this is from a "liberal blog" but they have a fair point.
     
    Dalveen, Feb 27, 2008
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  2. The Shaman Gems: 28/31
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    While a lot depends on what the "except as provided..." includes, I'm not amused. I fail to see how this bill, worded thus, would be good for anyone except the most cold-hearted, depraved scum of the lawyer society who will be able to sue practically anyone ever touching a medicine bottle. Proving intent has always been a free-fire zone for litigations anyway - and once a woman has a miscarriage, finding someone or something to blame should be a piece of cake.

    Also, wouldn't causing a miscarriage, if proven, be a crime already? I'm sure that it would classify as causing significant bodily or mental harm - willingly or not, as the case may be. I'm sure there are already enough reduntant laws without needing to add a few more... Lawyers will appreciate having to choose between more regulations to pit against each other, but every now and then they aren't the only people who matter.

    Then again, maybe it was meant to be either a gesture towards a certain political or social group or a show of force by such a group. In either case, pregnant women are worth no more than a place on a party slogan anyway. In which case, my thoughts on the matter can be reduced to a few short words. Hey Tal, is there a way to get temporary reprieve on the profanity filter for special occasions, please? Pretty please with sugar and chocolate chips on top?
     
    The Shaman, Feb 27, 2008
    #2
  3. dmc

    dmc Speak softly and carry a big briefcase Staff Member Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    You don't know what the exceptions are and the quoted section you put in shows that just having a miscarriage would not be a felony. Specifically, you need the part that says "with intent to destroy her unborn child" in order to qualify, meaning you would need to show that there was positive intent (or certain other situations that are nor worth discussing here related to transferred intent) on the part of the person charged with the crime in order to convict.

    Also, The Shaman, this doesn't benefit lawyers except for the criminal defense bar (and when we usually denounce those "scummy lawyers," we are generally talking about the plaintiffs' bar on the civil, not criminal, side of things).

    Certain conservative states are just enacting laws trying to chip away at Roe v. Wade or with the hope that it will be overturned and they can do what they want. I wonder what this law says about going out of Virginia to do the nefarious deeds they are so worried about. :rolleyes:
     
    dmc, Feb 27, 2008
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  4. The Great Snook Gems: 31/31
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    I agree. I happen to be pro-choice, but my reading of the constitution and the bill of rights makes Roe v. Wade an abomination. It should be up to the individual states to decide. That is what Virginia is doing, they are enacting legislation and awaiting the inevitable repeal of Roe v. Wade.

    As to your second point, when Roe V. Wade is repealed if the feds then use the interstate commerce clause to force the issue, it may just break me.
     
    The Great Snook, Feb 28, 2008
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  5. Gnarfflinger

    Gnarfflinger Wiseguy in Training

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    One small point: If a Doctor believes that carrying the child to term could seriously threaten the life of the mother, could she not get a self defense plea?
     
    Gnarfflinger, Feb 28, 2008
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  6. The Shaman Gems: 28/31
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    @DMC: as I said, a lot depends on just what else is written in the law, and I'm not sure I have all the expertise to evaluate it properly. However, to me it seems that any person in near contact with a pregnant woman, including she herself, could possibly be brought to court if she miscarries if someone else has the intent to do them harm and the money to spend on a lawsuit. I can't say I approve of that. While needing to prove "positive intent" may make it a bit harder, any situation where one needs to prove intent of a particular act can imo be abused.
     
    The Shaman, Feb 28, 2008
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  7. dmc

    dmc Speak softly and carry a big briefcase Staff Member Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    The Shaman - you are missing the point. People spend money on lawsuits when they bring civil lawsuits, usually for monetary damages. The quoted law is a criminal statute, meaning that the People (with a capital "P") of the state bring a criminal charge against an individual seeking criminal penalties, most often incarceration. There is no monetary gain here for a private citizen.
     
    dmc, Feb 28, 2008
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  8. Montresor

    Montresor Mostly Harmless Staff Member ★ SPS Account Holder

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    Whoever brings the lawsuit may not be after monetary gain. They could be after revenge for some personal grudge, or trying to set an example against the pro-choicers, at the expense of some unfortunate woman.

    Ironically, I don't approve of abortion, in the sense that I don't consider abortion to be just another form of prevention. But I accept that the woman has the final word, since it is her body.
     
    Montresor, Feb 28, 2008
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