ONTD Political

New Mexico Bill Would Criminalize Abortions After Rape As 'Tampering With Evidence'

12:05 pm - 01/24/2013
A Republican lawmaker in New Mexico introduced a bill on Wednesday that would legally require victims of rape to carry their pregnancies to term in order to use the fetus as evidence for a sexual assault trial.

House Bill 206, introduced by state Rep. Cathrynn Brown (R), would charge a rape victim who ended her pregnancy with a third-degree felony for "tampering with 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," the bill says.

Third-degree felonies in New Mexico carry a sentence of up to three years in prison.

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.“

The bill is unlikely to pass, as Democrats have a majority in both chambers of New Mexico's state legislature.

UPDATE: 12:25 p.m. -- Brown said in a statement Thursday that she introduced the bill with the goal of punishing the person who commits incest or rape and then procures or facilitates an abortion to destroy the evidence of the crime.

“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.”

[Source]
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lickety_split 24th-Jan-2013 06:18 pm (UTC)
mickeym 24th-Jan-2013 06:19 pm (UTC)
Oh my fucking god.

“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.”

Seems to me that this law would not only NOT protect the women of New Mexico, it would harm them, immeasurably, by turning THEM into the felons. Gah.
bizwac 25th-Jan-2013 01:46 am (UTC)
Exactly.
I read it "help to protect women" and my eyes rolled out of my skull. How is forcing someone to carry out a pregnancy and go through labour helpful at all?

And what then? After the 'evidence' is born... what happens?
pleasure_past 24th-Jan-2013 06:20 pm (UTC)
I hate the world.
lady_tigerlily 24th-Jan-2013 06:22 pm (UTC)
kaelstra 24th-Jan-2013 06:30 pm (UTC)
Couldn't they just test the aborted remains for DNA if that's what she's effectively suggesting is the only reason to criminalize abortion-to DNA test the baby?

This whole thing is so ridiculous I can't even right now

"victims who are ‘legitimately raped’ will now have to carry the fetus to term in order to prove their case."

....

"“By adding this law in New Mexico, we can help to protect women across our state."

By accusing them of being liars until they carry a baby to term so it can be DNA tested to validate a rape? This is such fucking bullshit.

Edited at 2013-01-24 06:32 pm (UTC)
mickeym 24th-Jan-2013 06:41 pm (UTC)
Meanwhile, what will the state do with the rapist? Will he be in jail? Or will he be free to roam around and possibly rape other women?

What if the young lady who's been raped is underaged? Still in high school? Who will help her with the costs associated with pregnancy, child birth and child rearing?

I just--god. There's no way a bill like this could do anything BUT harm the victims even further :(
sobota 24th-Jan-2013 06:30 pm (UTC)
....what? how does that....what?
aviv_b 24th-Jan-2013 06:34 pm (UTC)
No, no war on women, nothing to see here.

Bonus points for a woman introducing this.
girly123 24th-Jan-2013 06:41 pm (UTC)
Brown said in a statement Thursday that she introduced the bill with the goal of punishing the person who commits incest or rape and then procures or facilitates an abortion to destroy the evidence of the crime.

That's actually how I read part of it, as well, (namely the "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" part,) but a) how would you go about proving intent without going down a slippery slope of blaming women and girls for wanting abortions in these situations, and b) as a result of that, the law isn't worth the harm it would cause until the language is tightened to only include the rapist.

A piece of me wants to think she had good intentions because wanting to make sure people don't force a woman to abort to hide their crime isn't necessarily a bad thing, but this is an incredibly fucking stupid way of going about it.

ETA: Especially since you can get DNA evidence from the aborted embryo without having to carry it to term, wtf.

Edited at 2013-01-24 06:46 pm (UTC)
nitasee 24th-Jan-2013 07:06 pm (UTC)
She wouldn't be the first idiot to claim that women are being forced into having an abortion to destroy evidence....completely ignoring that there are other ways of getting evidence. That's what rape kits are for. Not to mention, that there is very few cases of being "coerced" into an abortion. However, this would punished the victim if she herself chose an abortion.
zemi_chan 24th-Jan-2013 06:42 pm (UTC)
title or description


This. Doesn't. Make. Any. Sense.
nitasee 24th-Jan-2013 07:07 pm (UTC)
Logic has not place in this, doncha know?
oceandezignz 24th-Jan-2013 06:48 pm (UTC)
Okay. Wow. Good show. Throw a victim in jail for wanting whatever peace of mind they can obtain, under the guise of PROTECTING THEM. Okay. I see what you did there. Obviously there are no other ways to get proof of sexual assault aside from birthin' babies and putting them on Maury or something.

I kinda wanna see the "not this shit again" tag used but that's me.
shadowwolf1321 24th-Jan-2013 06:52 pm (UTC)
What the flying fuck?
moonbladem 24th-Jan-2013 06:54 pm (UTC)
Rep. Cathrynn Brown, I'm taking away your woman card and voting you off the island. Not only for betraying your own sex, but for being incredibly stupid.
mollybarton 24th-Jan-2013 09:02 pm (UTC)
THIS.

A woman sponsored this. Sickening. Oh yeah, there's no war on women at all.
ginger_maya 24th-Jan-2013 07:07 pm (UTC)
Would someone please found that colony on Mars already? I really wish to volunteer!

Photobucket
clevermanka 24th-Jan-2013 07:14 pm (UTC)
THAT GIF
vulturoso 24th-Jan-2013 07:10 pm (UTC)
This is like splashing acid on someone and telling them they can't clean it off for however long because EVIDENCE.

Fuck. YOU.
lizzy_someone 25th-Jan-2013 12:32 am (UTC)
Or shooting someone and telling them they can't remove the bullet. Utterly ridiculous and callous.
pepsquad 24th-Jan-2013 07:18 pm (UTC)
fuck this lady, she's in my state!
nitasee 24th-Jan-2013 07:19 pm (UTC)
I keep thinking of a hypothetical case, say where the rape victim is a child and the parents approve of an abortion since pregnancy at that age is devastating to the health of the child (physically and mentally). Things like that do happen.
world_dancer 24th-Jan-2013 07:20 pm (UTC)
Actually, it seems like this law would ultimately cause the opposite effect to its intention (ie forced abortion).

Essentially, all things considered "evidence" are tagged and bagged. You don't leave a bullet in a wounded man as proof. And if a change in the state of the evidence is considered tampering, than surely a baby MUST be removed from a woman's womb in order that it continue in as close a state as possible to which it was forced upon her. It could then be bagged up and put in cold storage.

Either that or they could just start saran wrapping all victims and carting them off, even as they bleed to death from knives, bullets, and other objects shoved inside them.

Sigh.

I really can't wait for this to hit the Daily Shows "Stupid Things Republicans Have Said About Rape: Why The Fuck Is This An Ongoing Segment?"
furrygreen 24th-Jan-2013 07:29 pm (UTC)
I don't ... I can't ... OMG. I can't read this crap.

angelofdeath275 24th-Jan-2013 07:33 pm (UTC)
The bill is unlikely to pass, as Democrats have a majority in both chambers of New Mexico's state legislature.


Good. But its the sheer fact that obviously not a lot of planning went into this shit
tabaqui 24th-Jan-2013 08:39 pm (UTC)
It's pathetic that the only thing keeping this from passing is Democrats. How about *human decency* or empathy or frigging COMMON SENSE?

Jayzus.
idemandjustice 24th-Jan-2013 07:54 pm (UTC)
And people wonder why so many rapes go unreported.
mollywobbles867 24th-Jan-2013 08:01 pm (UTC)
I was getting ready to post this. I just...WHAT THE FUCK?

wrestlingdog 25th-Jan-2013 07:27 pm (UTC)
A+ .gif.
jeweledvixen 24th-Jan-2013 08:38 pm (UTC)
She has got to be kidding. This is by far the worst reason I've seen to take away the right of a rape victim to have an abortion. Rep. Brown, fuck you. With a cattle prod.
poetic_pixie_13 24th-Jan-2013 08:39 pm (UTC)
I think today wants me to hate men.



It's doing a pretty good job so far.
nikoel 24th-Jan-2013 09:34 pm (UTC)
The lawmaker who introduced this is a woman. :/
tabaqui 24th-Jan-2013 08:39 pm (UTC)
Wow, no. Just - huge no. And also? Fuck y'all who thought this was a good idea.
maladaptive 24th-Jan-2013 08:53 pm (UTC)
Wait so if someone is shot, by this logic, getting the gunshot wound treated would be tampering with evidence also?

Since when did we need to keep the physical state around to prove something happened?
thevelvetsun 24th-Jan-2013 10:30 pm (UTC)
Good point! We shouldn't force the victim to suffer further in order to get evidence that can be obtained through other means.
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