Utah Bill Gives State the Right to Prosecute Women for Miscarriage and Illegal Abortions

I am too enraged right now to write any commentary on this. I tried several times, and it just isn’t coming right now. So for now, this article will have to speak for itself:

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, and make induced abortion a crime in some instances.

According Lynn M. Paltrow, executive director of National Advocates for Pregnant Women, what makes Utah’s proposed law unique is that it is specifically designed to be punitive toward pregnant women, not those who might assist or cause an illegal abortion or unintended miscarriage.

The bill passed by legislators amends Utah’s criminal statute to allow the state to charge a woman with criminal homicide for inducing a miscarriage or obtaining an illegal abortion. The basis for the law was a recent case in which a 17-year-old girl, who was seven months pregnant, paid a man $150 to beat her in an attempt to cause a miscarriage. Although the girl gave birth to a baby later given up for adoption, she was initially charged with attempted murder. However the charges were dropped because, at the time, under Utah state law a woman could not be prosecuted for attempting to arrange an abortion, lawful or unlawful.

The bill passed by the Utah legislature would change that. While the bill does not affect legally obtained abortions, it criminalizes any actions taken by women to induce a miscarriage or abortion outside of a doctor’s care, with penalties including up to life in prison.

“What is really radical and different about this statute is that all of the other states’ feticide laws are directed to third party attackers,” Paltrow explained. “[Other states' feticide laws] were passed in response to a pregnant woman who has been beaten up by a husband or boyfriend. Utah’s law is directed to the woman herself and that’s what makes it different and dangerous.”

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. Drink too much alcohol and have a miscarriage? Under the new law such actions could be cause for prosecution.

“This creates a law that makes any pregnant woman who has a miscarriage potentially criminally liable for murder,” says Missy Bird, executive director of Planned Parenthood Action Fund of Utah. Bird says there are no exemptions in the bill for victims of domestic violence or for those who are substance abusers. The standard is so broad, Bird says, “there nothing in the bill to exempt a woman for not wearing her seatbelt who got into a car accident.”

Such a standard could even make falling down stairs a prosecutable event, such as the recent case in Iowa where a pregnant woman who fell down the stairs at her home was arrested under the suspicion she was trying to terminate her pregnancy.

Author: KATHY KATTENBURG

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51 Comments

  1. FreyaUna,

    I don't know why you direct this to me and I cannot find the article,
    though I do remember it.

    The reason I don't know why you direct the comment to me is because I
    completely agree with what you say. Recklessness should NOT be a basis for
    prosecuting someone for homicide over a miscarriage. That was my main
    problem with this law. It is a terrible law for exactly that reason.

    You are correct that many (both men and women) engage in lifestyles the are
    not conducive to having children and raising families. These laws, like in
    Utah, prevent people from living freely the lifestyle they choose and
    people should decide for themselves their own lifestyle.

    If it was not clear from my earlier comment, I am a lawyer and sometimes I
    look at legal issues from the perspective of whether they are
    constitutional. But, your point is a moral issue which I look at
    differently.

    Please continue to comment on TMV. You have a good point of view.

    —————————————-
    From: “Disqus” <>
    Sent: Friday, February 26, 2010 7:09 PM
    To: ghealy@newdawnal.com
    Subject: [themoderatevoice] Re: Utah Makes Miscarriage and Illegal Abortion
    a Crime

    FreyaUna wrote, in response to tidbits:

    If a woman carries on a lifestyle that is not condusive to raising a child
    and she purposely terminates a pregnancy because she uses drugs or alcohol
    then isn't it better off that way? She's harming herself which is bad
    enough. It's not homicide. Nature prevented a bad situation. Reckless
    behavior… I don't get it. Woman endure a ton of bull crap. Help is needed
    not more judgement!

    Link to comment: http://disq.us/d3tcw

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