Criminalizing Miscarriages

Esther - posted on 02/22/2010 ( 21 moms have responded )

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A bill passed by the Utah House and Senate this week and waiting for the governor's signature, will make it a crime for a woman to have a miscarriage.... In addition to criminalizing an intentional attempt to induce a miscarriage or abortion, the bill also creates a standard that could make women legally responsible for miscarriages caused by "reckless" behavior. Using the legal standard of "reckless behavior" all a district attorney needs to show is that a woman behaved in a manner that is thought to cause miscarriage, even if she didn't intend to lose the pregnancy.



http://www.rhrealitycheck.org/blog/2010/...

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JL - posted on 02/23/2010

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This is outrageous and horrific, because this law opens up the door for so many attacks on women and the intricate nature of the rights concerning pregnancy and birthcontrol. This law just simplifies and criminalizes an emotional and painful situation women face. It is BULLSHIT. Men don't have to deal with pregnancy, birth control and miscarriages but to set up a law that criminalizes something that happens to the female body and then to try to prove criminal negligence...what is neglience me not knowing I am pregnant and out partying and doing strenous activities and then when I do realize I am pregnant too late I have had a misscarriage. Should I be charged with negligence for that..FUCK NO.

Many Obgyn's believe that every woman has at least one miscarriage in her lifetime but she may never realize because she was using birth control, not suspecting pregnancy and she assumed it was her period. Are we all then suspect to some form of negligence. FUCK THAT..this is an attack on womanhood, an attack on Women's rights and this is not the fucking 1950s.

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Isobel - posted on 03/01/2010

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So apparently in Utah, one can now be prosecuted for...drinking coffee (and pop), running, walking, standing up in some cases, getting in a heated argument, walking alone outside (that could allow somebody to attack you causing miscarriage)...

When I was in high school law class, my teacher encouraged me to look at what the most dangerous person in the world could do with each law... an abusive man can now (in Utah) FORCE his wife to stay at home in bed in a locked room, so long as he brings her food and drink.

This law is wrong on soooo many levels

It doesn't prove how important the baby is...it proves how unimportant the woman is...haven't you heard? we are only vessels to bring children into the world...welcome back to the 15th century

I thought I posted this here...but it was somewhere else...oh well.

Kendra - posted on 02/28/2010

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Wow!! That's scary shit right there!! I've had 5 miscarriages as well, that's a routine offender! I can't believe they can even think of allowing first trimester miscarriages in there. I agree with someone doing something drastic at 7 months, but there's no definition of drastic! All's game. The whole pregnancy and everything you do. A woman has one drink, miscarries, and she could be criminally liable.....that's ridiculous!! And what if she didn't even know yet??? Scares me. I thought our laws were screwed up!! Good ole government hard at work again. GRRRRRR

Madie - posted on 02/27/2010

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I agree with the part where a Woman tries to intenaly (sp?) miscarry or abort her baby. I think that is wrong and they should be charged with something. With that said, when a women has a miscarriage, not on purpose, they should NOT be prosecuted! Miscarriages happen, wether the mother did something, not knowing she was pregnant, that caused it or not. It's just wrong and the Utah lawmakers should have their head's examined! If Governer Herbert signs this he can count on not having my vote!!!

ME - posted on 02/27/2010

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I keep thinking that if I give myself enough time, I will be able to think about this rationally and give a thoughtful anwer...but it's still just pissing me off. I've got nothing intelligent to say about this topic, because it is the most ridiculous, disgusting, ignorant, hurtful bunch of shit I've seen in a long, long time. I have friends and family who have lost pregnancies...this just makes me want to yell at people and punch stuff...and I'm not a violent person...

Nikki - posted on 02/26/2010

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WTF??!?!?!?!?!

Seriously the lawmakers in UTAH need to get their heads checked.... 1 in 3 pregnancies end in miscarriage, and a majority of the time at no fault to the women , just an enviable pregnancy.... this is ridiculous if we are not feeling like enough Hell b.c we lost our baby, lets throw us in jail.... this is absolutely insane... I am going to make sure I never even visit Utah just because Im in such disgust over this!!!!!!!

Amy - posted on 02/24/2010

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Wow...what a crock of shit! I had 5 miscarriages before conceiving my son, they all happened quite early on and my doc (still to this day) has no idea what was going on. Heck, with 2 of them, I didn't even know I was pregnant until I went into the hospital for excessive bleeding (miscarriage). Kind of ridiculous to charge a woman for something she has no control over. How would they plan on proving that outside influences is what caused the woman to lose the baby? When you miscarry all the "evidence" is already long gone. They are going to be charging women with crimes, who did not have viable pregnancies from the get go!
I agree with you joy, I don't even want to have the pleasure of "passing through" Utah! This makes me so sick, I don't even think my post is coming out as coherent as I would like!

Charlie - posted on 02/24/2010

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As a woman who miscarried this makes me both angry and upset ,the statistics are 1 in 4 woman miscarry , i just dont see how this will work , women who miscarry hang a lot of guilt on themselves as it is and carry the sadness of losing a child forever , what a terrible " law " .

Dana - posted on 02/24/2010

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Completely crazy. I couldn't have said it better than Iris did.

On the flip side, it reminds me of our debate over women drinking while pregnant. I assume that's where they're going with this (the link isn't working for me, so I'm not sure what it's saying,lol) The thing is who's the "decider", we all know how well that went in the US the last time we had a "decider" ;)
But really, who says how much is too much. I didn't know of my condition when I was pregnant with Ethan. I'm VERY lucky I didn't miscarry him. So if I get pregnant again, where I have a HIGH chance of miscarrying, am I at fault if I climb a set of stairs and lose my baby. All because I knew the risks? Is someone going to buy me a house with no stairs? I don't have stairs but maybe I can move to Utah, get pregnant, move into a house with stairs and give it a shot! Although I couldn't live in that freak state where they think a law like that is passable. Freaking insane.

[deleted account]

Oh man, I saw this earlier today and was wondering if it was going to be up already when I got here tonight. I think it's one of the most awful pieces of legislation I've seen in ages. I hope that if the governor actually signs it the federal government will step in and say that this cannot be allowed. It's atrocious.

[deleted account]

And after actually reading the article I want to add...

Abused women need help, not prosecution. Abusers have a strange control over the abused making them truly believe they cannot leave. It's psychological. I'm sure pregnant women who are abused would leave if they felt they could.

And the girl who paid someone to beat her up should be prosecuted. But the law is taking one girl's stupid decision and punishing every other woman.

[deleted account]

I don't smoke. I don't drink. I rarely have coffee. I don't soak in hot tubs. I had a miscarriage. What caused it? The polluted state I live in perhaps? Maybe I should move to a desert island next time I'm pregnant to avoid all environmental factors that probably didn't cause my miscarriage.

Speaking of environmental factors, I have a freind who had two miscarriages caused by her work environment. She worked with chemicals. Both babies had to be induced at 6 months because they were dead inside her. Her next pregnancy, she got a doctor's excuse to take a sabatical. She's had two healthy babies since. Who is to blame here? Surely not the mother. She has to work to survive.

So in short, this law is stupid.

Rosie - posted on 02/23/2010

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oh my god..... really? i've had two miscarriages, my first one i already feel guilty enough about, as i contracted an std that i believe caused my miscarriage (still not known since doctors are still mystified by what causes a miscarriage). and my second one was similar to esthers where my baby didn't develop and ended up having a d&c at 9 weeks. i know logically i didn't do anything wrong in that case, but i still feel like i did something wrong. i've been punished enough, i don't need to go to jail.

this makes me feel like outlawing abortion is coming around the corner. who do they think they are, telling a woman what to do with her own body? as joy said FUCK THAT!!

[deleted account]

As someone who's suffered a miscarriage, I find this ridiculous. It disgusting, it's such a dark age mentatlity, it's...it's...I can't find the words.



The last statistic I heard was that 1 in 25 pregnancies end in miscarriage...if they're going to try and charge every woman who has a miscarriage they're going to tie up a lot of time, energy, and money better spent on other things (like catching real criminals).

Esther - posted on 02/23/2010

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I'm with all of you. I couldn't believe it either. I've suffered a miscarriage. And I blamed myself. I didn't do a thing wrong and it happened very early in the pregnancy (the foetus stopped developing at 6 weeks and I had a D&C at 12 weeks) but you can't help but wonder if there was something, anything, I could have done differently. I cannot imagine the agony women would go through if a DA then took it upon himself and actually started to investigate let alone prosecute. I realize that my case is not the type of situation for which they passed this law, but it does open the door to witch hunts. What if some overzealous DA on an ego trip or who is trying to make a name for him/herself decides to prosecute every woman who has ever had a glass of wine before she suffered a miscarriage? It's just insane.

Lady - posted on 02/23/2010

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I don't see how this would even be possible - surely even doctors don't know what causes most miscarriages so how on earth would they know if the mother was to blame or not?

Iris - posted on 02/23/2010

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Are they serious?? This is ridiculous! I just can't believe that they would be creating a law like that at this day and age. It sounds more like something that would have been done before women had any rights and could be blamed for everything under the sun. Isn't the trauma of loosing a child enough? Now they are going to start investigating if someone points a finger. Welcome back to witch hunting, 21 century style!!

Johnny - posted on 02/22/2010

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I'm with Jessica on this. I am so upset by the very idea that I don't think I can write an intelligent response. This should be evidence to those idiots out there who think that the need for women's liberation has passed. Think again!

Jessica - posted on 02/22/2010

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gah, I got so mad when I read this ( not at you Esther, at the whole idea) ....wrote a whole rant....then deleted it all...basically I think that they have alot of nerve, the pain women go through losing a child they wanted is heartbreaking enough without slapping a fine or cufffs on her...

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