The Anniversary of Roe v. Wade was this week, and with it my attention turns to the legal issues surrounding the fetus. Except that I’m not doing that in the traditional sense this week, I’m doing it in extra special roundabout ways where I feel that my head is turning like the little kid in the Exorcist.
In New Mexico, a bill is pending which would prevent rape victims from getting abortions, otherwise they’ll face jail time for tampering with evidence.
A rape victim should not be forced to carry a pregnancy to term because the law thinks it will break the chain of custody in evidence. Rules of Evidence should not apply to the womb.
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. (Thinkprogress.)
Oh, and did I mention this would carry a 3 year sentence in prison? This would be a felony? Why can’t they simply compel that DNA evidence be taken from every abortion procedure when related to a rape? Isn’t that a better solution – a more humane solution than to compel a woman to remain pregnant after a sexual assault. And how exactly is the pregnancy evidence? Are they going to demand paternity tests on the rapist suspects? Are women going to be forced to have procedures done to prove who the father is? And once it’s done, why would they want to know? I would hope that the state would assist women in adoption procedures if they so wished, but I do not hold high hopes.
It would seem that the conservative end of these debates feels that a fetus is alive only when politically convenient, it would seem that when a woman should carry a pregnancy to term it is only when it is the least reasonable for the woman, and the most “useful” to the state. Does this mean that because she’s pregnant, you’ll believe she was raped? Are we really going back to the “well, women’s bodies know how to shut that sort of thing down” argument, from Fall of 2012? Are we really this incomprehensibly unkind to women in this country? And if we are, how do we stop it?
There is an implicit expectation of privacy built into the Constitution in many places. This right to privacy can be found through the 4th Amendment in our protections against an unreasonable search and seizure. How is this bill in New Mexico NOT a violation of those expectations? This law places pregnancy into the public sphere in a way that no other law would, especially given right to privacy afforded within Roe. We cannot allow women to be placed so publicly into the sphere of debate when they are experiencing what many consider the worst possible act of violence which can happen to a woman. We simply cannot remove these rights of privacy under the guise of “saving evidence”. It is a direct violation of the 4th amendment because this fetus is being unreasonably seized by law enforcement, the government.
Tomorrow in WTF Roe v. Wade Is On The Books Week: Catholic Health Services in Colorado denies that a fetus is a person.