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"Tampering with evidence" in New Mexico. sm
Posted: Jan 24, 2013
A Republican lawmaker in New Mexico introduced a bill on Wednesday that would legally require victims of rape to carry their pregnancies to term in order to use the fetus as evidence for a sexual assault trial.
House Bill 206, introduced by state Rep. Cathrynn Brown (R), would charge a rape victim who ended her pregnancy with a third-degree felony for "tampering with evidence."
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: o - nm
[ In Reply To ..]
Disgusting. Whether he's serious or just trolling for attention, - I hope they throw him out next time. nm
[ In Reply To ..]x
It was a her! nm - VTMT
[ In Reply To ..].
Wow! My preconceptions are hanging out... Makes me wish - "what goes round" really did. nm
[ In Reply To ..]x
Really? Gasp! - nm
[ In Reply To ..].
Apparently there's been an update... - ZvilleMT
[ In Reply To ..]“House Bill 206 was never intended to punish or criminalize rape victims,” said Rep. Brown. “Its intent is solely to deter rape and cases of incest. The rapist—not the victim—would be charged with tampering of evidence. I am submitting a substitute draft to make the intent of the legislation abundantly clear.”
I'm not exactly sure what type of language she could use to make it clearer...
It does appear to be a simple mix-up - Fanatical Hypocrite
[ In Reply To ..]The bill apparently says: “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." The emphasis is mine. The way it's worded implies that either having an abortion or forcing a person to get one is wrong, but it's a simple grammar mix-up. She just needs to change it to be more clear what was originally meant. Forcing someone to get an abortion should be a crime, but I'm glad someone caught this mistake. Otherwise we would have ended up with another bizarre, overreaching law on the books.
I know when I'm reading something I've written, because I know what it's supposed to be, I read it the way I meant it and half the time overlook some stupid mistake I've made.
you're kinder than I am, FH - sm
[ In Reply To ..]I can't give Brown the benefit of the doubt on this one. "Whoever commits" is pretty broad language once we establish the fetus as evidence.
Wow, now I am really confused. The rapist will...sm - VTMT
[ In Reply To ..]be charged with rape, and if the person that he rapes gets an abortion the rapist will be charged with tampering with evidence? Yup, I must be confused because that definitely does not ring true.
Sounds more like a swift, clumsy backpedal than a clarification. - grits
[ In Reply To ..]*is cynical*
Same here - totally not understanding this. - ZvilleMT
[ In Reply To ..]Maybe she's walking it back a bit? Just not sure.
here's the actual bill - sm
[ In Reply To ..]Whatever the intent, the wording is hardly ambiguous. I am sure the good Representative knows what "procure" means. I bet she knows what "whoever commits" means, too.
"Plans to submit a substitute draft soon" is not really an update on the proposed legislation.
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