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Have a miscarriage, go to jail in Virginia

 
 
Cheap. Easy. Cruel.
11:27 / 13.01.05
Under a new piece of propposed legislation in Virginia, a woman who experiences a miscarriage and fails to report it to the local law enforcement agency could be charged with a Class 1 Misdemeanor. This makes the failure to report within 12 hours of a miscarriage the criminal equivalent of statutory rape, arson, stalking, and other serious crimes. More on this piece of legislation here (pops).

There is absolutely no scientific reason to report a spontaneous miscarriage to law enforcement. It is a gross invasion of privacy, not to mention a potential source of humiliation for the women of Virginia. I am curious to know if there is any other rationale for this legislation other than an attempt to personify an embryo.
 
 
Our Lady Has Left the Building
13:56 / 13.01.05
At the moment it seems like a foetus has more rights than a person.

(If this were the case, wouldn't there be a case for suing babies for willingly giing up a number of rights by being born? Seriously.)

But, argh! The death-cult end of the Christian movement strikes again. There is no way in the world that this can be justified. Not even by the 'abortion is murder' crowd. Exactly where in the bible does it say God wants invasive medical details on one of the most traumatic events a woman can go through?
 
 
Pingle!Pop
16:30 / 13.01.05
Cosgrove, the founder of the legislation, has responded with first this (to a query from one of the readers of the site to which you've linked):

Hello:

I am Delegate Cosgrove and I wish to respond to the allegations that have been made by those who have emailed and called my office. I am sorry that I must resort to a “form email, but there have been many inquiries about this bill.The intent of House Bill 1677 is to require the notification of authorities of a delivery of a baby that is dead and the mother has not been attended by a medical professional. This bill was requested by the Chesapeake Police Department in its legislative package due to instances of full term babies who were abandoned shortly after birth. These poor children died horrible deaths and all that the person responsible could be charged with is the improper disposal of a human body.

The requirement for twelve hours comes from the method that a coroner would use to determine if the child had been born alive or dead. After twelve hours, it becomes next to impossible to determine if the child was alive due to decomposition gasses that build up in the body.

My bill in no way intends that a woman who suffers a miscarriage should be charged for not notifying authorities. The bill in no way mentions miscarriages, only deliveries. After discussing the bill again with our legislative services lawyers, I will include language that will define the bill to apply only to those babies that are abandoned as stated above.

I would never inflict this type of emotional torture on a woman who has suffered such a traumatic event as a miscarriage, and I am confident that the General Assembly of Virginia would also not pass such a terrible imposition on a woman.

I hope that you will understand the original intent of this bill. This bill has nothing to do with abortion, contraception and especially miscarriages. If you were alarmed by this bill or by the websites, I am sorry. I hope that this will explain the concept and intent of this bill.

Sincerely,

John A. Cosgrove


... And then, to the writer of the article, with this:

Dear Maura:

I am Delegate Cosgrove and I wish to respond to your website and the allegations that have been made by those who have emailed and called my office. The intent of House Bill 1677 is to require the notification of authorities of a delivery of a baby that is dead and the mother has not been attended by a medical professional. This bill was requested by the Chesapeake Police Department in its legislative package due to instances of full term babies who were abandoned shortly after birth. These poor children died horrible deaths. If a coroner could not determine if the child was born alive, the person responsible for abandoning the child could only be charged with is the improper disposal of a human body.

The requirement for the twelve hour notification timeframe comes from the method that a coroner would use to determine if the child had been born alive or dead. After twelve hours, it becomes next to impossible to determine if the child was alive due to decomposition gasses that build up in the body.

My bill in no way intends that a woman who suffers a miscarriage should be charged for not notifying authorities. The bill in no way mentions miscarriages, only deliveries. However, after discussing the bill again with our legislative services lawyers, I have decided to include language that will define the bill to apply only to those babies that are claimed to have been stillborn and that are abandoned as stated above.

I would never inflict the type of emotional torture on a woman who has suffered such a traumatic event as a miscarriage by making her notify authorities of her loss. I would also never impose criminal sanctions on a woman who has gone through this loss. And I am confident that the General Assembly of Virginia would also not pass such a terrible imposition on a woman. My mother experienced several miscarriages and I have other friends who have been devastated by losing their children through miscarriages.

On a final note, your website advocates the use of emailing comments to my office. As for the emails that I have received, I have answered a few and will forward a similar explanation to those who sent them. I always seek to receive emails that express a point of view either in support or in opposition to an issue. The majority of emails I have received from this site, however, have been extremely abusive, condescending, and mean-spirited. That is never the way to communicate with another person and I hope that civil discourse would be your desire as well.

I hope that you will post this explanation on your website and understand the original intent of this bill. If you feel the need to discuss this matter more fully, please do not hesitate to call. Thank you for your time and consideration of this matter.

Sincerely,

John A. Cosgrove


... Which seems fairly reasonable. I am, however, a little confused why the legislation refers specifically to foetal deaths. In fact, explicitly, unless I've misunderstood, to foetal deaths at any point after conception.

Which is, er, a little odd.

However, I did recently see an article somewhere (the Grauniad?) stating that Virginia (I think) was all set to introduce legislation that would force anyone taking the morning-after pill to notify authorities within 12 hours. Despite Cosgrove's promise that "This bill has nothing to do with abortion, contraception and especially miscarriages", could that be the real aim?
 
 
Cheap. Easy. Cruel.
17:08 / 13.01.05
It very well could be. AFAIK Virginia already has legislation on the books that makes "improper disposal of human remains" a Class 1 Misdemeanor. The "trash-canning" of babies is covered under this law. This is, in effect, a redundant piece of legislation. I cannot take his words at face value.
 
 
ibis the being
20:39 / 13.01.05
If the aim of the bill is to report baby abandonment, then why does he state that the intent of House Bill 1677 is to require the notification of authorities of a delivery of a baby that is dead and the mother has not been attended by a medical professional? Preventing the abandonment of a live baby and that of a stillborn or miscarriage or aborted foetus are two entirely different matters. I'm confused by Cosgrove's explanation.

Compare this very dubious bill with the recent (and quite different) efforts of Massachusetts legislature to address the problem of newborn abandonment - our state has passed a law called the Safe Haven law, which allows women (and often these are scared teenagers who didn't tell anyone they were pregnant) who would otherwise leave their infants somewhere unsafe at any hospital, police station, or fire station, without being charged with child abandonment. That's how it's done when the concern is truly for the children and not for violating women's privacy.
 
 
w1rebaby
10:47 / 14.01.05
Incidentally, in case people were unaware, Cosgrove pulled the bill after being deluged with complaints from bloggers and blog readers:

Opposition to the bill, HB1677, was generated by “blogs,” personal Web sites set up by individuals who post information and encourage discussion about topics of interest to them.

Del. John A. Cosgrove, R-Chesapeake, was shaken by the speed and volume of the response as word of his bill traveled across the country via the Internet.

“I’ve never been blogged before,” he said. “The tone of the e-mails has been disgusting. It’s, 'You’re a horrible person. You ought to be cruci fied.’ And those were the nice ones.”
 
 
Loomis
11:13 / 14.01.05
The requirement for the twelve hour notification timeframe comes from the method that a coroner would use to determine if the child had been born alive or dead. After twelve hours, it becomes next to impossible to determine if the child was alive due to decomposition gasses that build up in the body.

Anyone actually know if this is true?
 
 
Cheap. Easy. Cruel.
11:36 / 14.01.05
Good, this bill was too poorly worded to be allowed to pass. I was interested by this from the article fridgemagnet posted:

Rem Rieder, editor of American Journalism Review, said the blog phenomenon has both positive and negative consequences.

“It’s certainly a way of stimulating participation in the political process. It’s a way to get involved instantly,” he said. “But the potential for bullying and intimidation is there. You wouldn’t want people to not be putting in bills because they’d be flogged by blogs. And it can be a way of spreading misinformation or distorted information quickly. Blogs, while they are fascinating, are not journalism.”
(emphasis mine)

You don't? Legislators need to have thick skins, if they and their legislation cannot stand up to public scrutiny, I would rather it never be proposed.
 
 
Our Lady Has Left the Building
12:26 / 14.01.05
Next up, Tony Blair breaks down in public, sniffles, says "That nasty Gordon Brown's been saying rude things behind my back"...
 
 
ibis the being
14:14 / 14.01.05
“I’ve never been blogged before,” he said.

(Snicker.)

“The tone of the e-mails has been disgusting. It’s, 'You’re a horrible person. You ought to be cruci fied.’ And those were the nice ones.”

Yeah, the regular journalists were always so nice! They presented my side of the story! And never revealed an address at which the public could express its overwhelmingly negative views on my job performance!

Cry me a river.
 
  
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