Virginia Lawmaker Proposes Law to Make Miscarrying A Crime

[Pirri]

WTF IS THIS?!

So, now losing a pregnancy through accident of nature is no longer a private matter between a woman and her doctor. On top of any grief, shock, and guilt, she has to call the cops and report it.

Or face a Class One misdemeanor?

A Class One misdemeanor? Comparable with statutory rape?


What s**t is this guy on?!

[ShiroKarasu]

I read this very carefully, and it is concerned with the reporting of fetal deaths. It is not an attempt to prosecute women for having a miscarriage, but an attempt to get a better grasp of the statistics...

Quote:

When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor.

Also, since most miscarriages are not a painless event, it would be a rare instance where a woman would not be under a physician's care at the time.

But I can see the potential cause for alarm...

[Elvendra]

You think that's bad....

http://talkleft.com/new_archives/007837.html

More on this proposed law...

http://www.dailykos.com/story/2005/1/6/194434/1328

It really makes me sick.

[Shaviv]

ShiroKarasu

I read this very carefully, and it is concerned with the reporting of fetal deaths. It is not an attempt to prosecute women for having a miscarriage, but an attempt to get a better grasp of the statistics...

Quote:

When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor.

Also, since most miscarriages are not a painless event, it would be a rare instance where a woman would not be under a physician's care at the time.

But I can see the potential cause for alarm...

Note that passage: WITHOUT medical assistance. To quote DailyKOS, a source I wouldn't use, but which is written decently:

Quote:

Imagine the following scenario: You are at home alone at 8:00 on a Friday night. You are 8 weeks pregnant. All of a sudden, you begin to experience heavy cramping and bleeding. You realize with shock and sadness that you are probably experiencing a miscarriage. You are overwhelmed with grief and surprised by the intensity of physical pain involved. When your partner comes home, you break the sad news to him. Over the next few hours, you suffer pain, cramping, and intermittent bleeding. Exhausted, you finally fall asleep in your partner's arms around 4 AM. You sleep until noon.

That should be a crime?!

Whiskey Tango Foxtrot!!

By the way, let's not use blogs too much, okay? They're unreliable when it comes to reporting news.

[I-Want-to-Eat-Joor-Brains]

The goverment should mind it's own buisness, who does this law even help. Outlaw white after laborday while your at it.

[Jahoclave]

Well, I honestly think this falls under one of those pointless laws that nobody is going to prosecute anyways. The only point of it is to reinforce death certificates and medical records, it's not all a bad idea to keep athorities abreast of the situation. But honestly, if the woman is in pain and the baby dies and what not; I think a doctor is going to get a call. Common sense would probably overide it, expecailly when there's blood all around.

And you're going to do something with the dead baby.

But honestly, who in their right mind would prosecute a mother after just loosing her child? And any jury that wouldn't go for temperary insanity or incapatation is of itself deserving to be put in a mental institution.

More over, I think this is a bit crazy worded law that may have more to do with defining at what point a child has legal rights and can't be aborted. If anything, I think this may be a lawmakers ploy agaisnt abortion.

[Reverend Smooth]

Shaviv

ShiroKarasu

I read this very carefully, and it is concerned with the reporting of fetal deaths. It is not an attempt to prosecute women for having a miscarriage, but an attempt to get a better grasp of the statistics...

Quote:

When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor.

Also, since most miscarriages are not a painless event, it would be a rare instance where a woman would not be under a physician's care at the time.

But I can see the potential cause for alarm...

Note that passage: WITHOUT medical assistance. To quote DailyKOS, a source I wouldn't use, but which is written decently:

Quote:

Imagine the following scenario: You are at home alone at 8:00 on a Friday night. You are 8 weeks pregnant. All of a sudden, you begin to experience heavy cramping and bleeding. You realize with shock and sadness that you are probably experiencing a miscarriage. You are overwhelmed with grief and surprised by the intensity of physical pain involved. When your partner comes home, you break the sad news to him. Over the next few hours, you suffer pain, cramping, and intermittent bleeding. Exhausted, you finally fall asleep in your partner's arms around 4 AM. You sleep until noon.

That should be a crime?!

Whiskey Tango Foxtrot!!

By the way, let's not use blogs too much, okay? They're unreliable when it comes to reporting news.

I have, in fact, gone through what the scenario played out in almost exactly the same way. As I could not afford medical assistance in the US, I simply didn't go the following day- which would've been too late anyway.

There are a LOT of poor women in the US. I wouldn't be surprised if they didn't get medical assistance, either. Given how frequently miscarriages occur, a lot of women would be punished.

[Reverend Smooth]

Jahoclave

Common sense would probably overide it, expecailly when there's blood all around.

And you're going to do something with the dead baby.

Many - I daresay most - miscarriages occur as a seriously bad period out of the blue with severe pain and no actual formed foetus, given how early they occur. There is no 'baby' popping out amidst gallons of blood.

[Shaviv]

Sakurako-sama

Jahoclave

Common sense would probably overide it, expecailly when there's blood all around.

And you're going to do something with the dead baby.

Many - I daresay most - miscarriages occur as a seriously bad period out of the blue with severe pain and no actual formed foetus, given how early they occur. There is no 'baby' popping out amidst gallons of blood.

Not that we really have so many gallons of blood in us anyway...

But yeah. This is crack-brained legislation and I'm hoping enough Virginians will realize it to keep it from being signed into law.

[Sakura Byoujin]

This is what I refer to as a masked target law. The target of outlawing miscarriages is not the people who miscarry, but people that want abortions.

Hey, can't do self abortions and claim it a miscarriage if miscarriages are outlawed.

[Dreamwhisper]

Sakura Byoujin

Hey, can't do self abortions and claim it a miscarriage if miscarriages are outlawed.

Someone in a LJ community -- I'll have to do some digging and find it again -- looked further into the discussion of the proposed law, and said the writer's claiming the intent is to stop newborn infants from being abandoned in dumpsters.

If that's the case, then why not write a law targeting abandoning newborns in a dumpster? Why go after reporting all miscarriages?

[AmishTohmaLover]

This law is wrong no matter how you look at it. I believe there taking steps to prepare for an abortion law...which is such a controversial issue that you can't just come right out with a law like that. You have to ease your way up to it which is probably what they're doing. If a woman miscarriges at home and is emotionally distraught do you really think that the first thing on her mind should be "oh no I have to report this before I get arrested"

[Puerilass The Perverted]

AmishTohmaLover

This law is wrong no matter how you look at it. I believe there taking steps to prepare for an abortion law...which is such a controversial issue that you can't just come right out with a law like that. You have to ease your way up to it which is probably what they're doing. If a woman miscarriges at home and is emotionally distraught do you really think that the first thing on her mind should be "oh no I have to report this before I get arrested"

I don't see the problem with having people Report such events to their medical doctors and then having the doctors file the actual report. But making It a crime not to is a bit silly.

[AmishTohmaLover]

Puerilis

AmishTohmaLover

This law is wrong no matter how you look at it. I believe there taking steps to prepare for an abortion law...which is such a controversial issue that you can't just come right out with a law like that. You have to ease your way up to it which is probably what they're doing. If a woman miscarriges at home and is emotionally distraught do you really think that the first thing on her mind should be "oh no I have to report this before I get arrested"

I don't see the problem with having people Report such events to their medical doctors and then having the doctors file the actual report. But making It a crime not to is a bit silly.

I agree

[Reverend Smooth]

Dreamwhisper

Sakura Byoujin

Hey, can't do self abortions and claim it a miscarriage if miscarriages are outlawed.

Someone in a LJ community -- I'll have to do some digging and find it again -- looked further into the discussion of the proposed law, and said the writer's claiming the intent is to stop newborn infants from being abandoned in dumpsters.

If that's the case, then why not write a law targeting abandoning newborns in a dumpster? Why go after reporting all miscarriages?

Probably the link in question, a friend of mine sent it to me earlier.

http://www.livejournal.com/community/childfree/4159782.html

It's set friends-only to reply, but not to read.