Strollerderby

Is Utah Making Miscarriage a Criminal Act?

Posted by jeannesager on February 24th, 2010 at 1:00 pm

pregnant belly 300x1992 Is Utah Making Miscarriage a Criminal Act?A new law that will make any “intentional, knowing, or reckless act” leading to a pregnancy’s illegal termination a crime in the State of Utah has women’s right’s advocates worried.

Is a state about to make it illegal to have a miscarriage?

Written to specifically exempt women who pursue an abortion in a doctor’s office, the law has a back story. A woman in Utah paid a man to beat her up recently in order to end her pregnancy. This law is meant to make women punishable in those types of situations.

But here’s the problem. The terms “intentional, knowing, or reckless act” sound pretty general. Is it knowing to get in a car without a seatbelt, suffer a car accident and then suffer a miscarriage?

Is it reckless to ignore doctor’s orders of bed rest to run down the street to get the wonton soup this pregnancy is making you crave . . . only to miscarry?

Is it intentional if you have one beer, then later miscarry?

If there’s one thing women who have miscarried know, doctors often can’t find a medical explanation for what, exactly caused a miscarriage. In the case of a woman paying someone to beat her up,  yes, it’s obvious. But is that lack of a seat belt to blame or was there just not enough placental fluid to protect the fetus from impact? Was that one beer to blame? As women we often search for something, anything that we’ve done to blame.

And overzealous prosecutors are about to be given a broad brush to color our lives with. And before you wonder if we’re being too imaginative, it was just last week when a pregnant woman in Iowa was arrested for falling down the stairs. They suspected she might have done it to try to abort her fetus.

The bill’s sponsor says this won’t hurt women unless they are purposely trying to obtain an illegal abortion. What do you think?

Image: 3neus via flickr

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11 Comments

[...] that Utah bill that could have made miscarriage a criminal act? The sponsor of the bill, Utah State Representative Carl D. Wimmer, has withdrawn [...]

Bill That Could Criminalize Miscarriage is Withdrawn | Strollerderby commented on Mar 05 10 at 3:23 pm

Clearly the language was made ambiguous on purpose. This is done by the people who care about “life” until it is born.

Mistress_Scorpio commented on Feb 24 10 at 2:31 pm

Sure seems like it’d be better to make sure that abortion is “safe, legal, and rare” than to spend time arresting women for falling down the stairs (that was quite the disturbing article…the falling down one).

PlumbLucky commented on Feb 24 10 at 2:50 pm

The great majority of miscarriages are caused by chromosomal abnormalities inherent at conception. The idea that some act “causes” miscarriage comes from the movies. I know, a little off-subject, but one of those misconceptions that drives me nuts.

Abortion should be safe and legal for everyone anyway.

Laure68 commented on Feb 24 10 at 7:32 pm

As someone that has suffered a miscarriage and a mid-term stillbirth, This scares the hell out of me. It’s a blatant attack on women from a mysoginistic religious culture. I did everything right, and didn’t have a baby.
I was in a car accident (very minor fender bender) when I was pregnant and didn’t go to the hospital. Am I a criminal? I admit to having an occasional sip of wine at church while I was pregnant, and even I think 1 or 2 glasses of wine while I was pregnant. Should I be conviced of murder since the baby died from unrelated, unforseen, and random cardiovascular developmental issues and she had a 5-10% chance of survival anyway??

I had the fear of knowing the baby I was carrying was sick and will die, and that there is nothing that I could do about it. The inconsolable sense of loss when the baby, still inside, is dead. Having to go through the birth and delivery of your own dead child, then holding the dead child you just gave birth to, in your arms, watching the tiny fragile body start to bleed in your hands because the skin hasn’t developed enough to hold it all in. then to say goodby and bury your beloved baby. This was my time with my daughter.

It’s bad enough that most of society doesn’t even recognize that a mother has inconsolable grief at the loss of a baby, miscarriage or stillborn. Calus and cold, unfeeling comments of “you can have another one to replace it”, and “Stop being so sad, it’s not like you really had a baby” were unbearable. Even a year later while pregnant with my next child, I never enjoyed the pregnancy with her because I was afraid she would die.

Utah, SHAME ON YOU!!!

Rosemary commented on Feb 26 10 at 12:54 am

Rosemary, I’m so sorry about your loss. And you make a very good point…where does this sort of thing end? Locking up pregnant women to keep them away from brie?

Louise commented on Mar 01 10 at 4:51 pm

Thank you for sharing your story, Rosemary and I’m deeply sorry for your loss.

Mistress_Scorpio commented on Mar 05 10 at 5:02 pm

Making a law like this because of a single case, would be a huge overreaction. I have worked with midwives in Utah and have found their services to be outstanding (www.birthingathome.com) However, a law like this could have a huge detrimental impact on their ability to help clients, especially since a cause for miscarriage is often hard to determine. A single precedent could have terrible effects.

GramJ commented on Nov 26 10 at 7:25 pm

Dani-hell for pregnant teen

raffi commented on Sep 26 11 at 2:31 pm

I am completely appalled at the thought of this attempt coming to fruition. First, proof of intent could go drastically awry. A woman neglects her seatbelt & swerves off the road. After badgering a miscarriage victim who won’t admit intent, you find someone to claim they heard her say she wished she never got pregnant at all. Who’s to decide what went on in her mind? Second, would you trust a child with a woman who was so desperate to be rid of her child she hired someone to put her through a beating vicious enough to miscarry? I say go after her for hiring someone for assault and leave the miscarriage out of it. Separation of church and state has to expand to abortion. Not everyone believes in God so the biblical argument desperately needs to be left at legislation’s doorstep.

Preggo & Educated commented on Sep 28 11 at 3:40 am

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