Alicia PhD

Alicia PhD
Location
New Hampshire, United States
Birthday
September 08
Bio
Alicia has a PhD in Experimental Pathology and, after having worked in a genetics lab for her dissertation, now edits scientific manuscripts full-time from the comfort of the White Mountains. Alicia is also a writer, contributing health commentary and articles on disease and anatomy to many online publishers. She upkeeps a number of blogs devoted to her interests in public health and science.

MY RECENT POSTS

Editor’s Pick
FEBRUARY 23, 2010 10:44PM

Utah Criminalizing Miscarriage

Rate: 43 Flag

I am speechless. On the surface, there are legitimate reasons for deterring women from obtaining pregnancy-ending services from non-physicians, though criminalization is harsh. But Utah is waiting for the Governor's signature on a bill that would make any miscarriage a potential murder case.

It's a reactionary measure to a case in which a 17-year-old girl paid someone to beat her up so she'd miscarry rather than obtain an abortion. 

If anything, this case should make them see how important it is for women to have access to education about preventing pregnancy and access to legitimate medical procedures. Instead, they've determined that women need to be controlled, punished, locked away, even if it wasn't necessarily something under their control. 

Did you get into an accident while you're pregnant and lose the baby?  Did you have an allergic reaction to something you didn't need to have exposure to and miscarry? Fall down the stairs? Even if these things happened in the first trimester, it looks like Utah wants to see  you in jail. Where is the line for "intent"? Why is the state government of Utah choosing criminalization over the safety and health of their female citizens?

Miscarriages are an emotional experience for women. Charging those who are legitimately distraught over losing their baby just increases the stress. Many miscarriages are due to medically uncontrollable circumstances - chromosomal abnormalities, infection, aberrant implantation. Clogging the legal process simply to make sure the women didn't play a role is unsustainable.

Other miscarriages may be due to lifestyle, such as drug and alcohol use, and these are the women they are targeting (as well as the overweight, poor, and uneducated). I just don't understand it though. Doesn't this indicate a need for education rather than prosecution? These women will spend their time in jail, and then just  go on with their bad habits. How does this benefit children at all?

I just don't understand.

Your tags:

TIP:

Enter the amount, and click "Tip" to submit!
Recipient's email address:
Personal message (optional):

Your email address:

Comments

Type your comment below:
Good post. Rated.... and yes I too am outraged........
It helps to link to news stories about the proposed legislation and put it in the context of the culture of the state, neither of which you did here. It is highly controversial legislation, but it should be properly represented.

Here's a link to the proposed legislation, House Bill 12: Abortion Amendments
Kathy, I linked to the best description of the matter I could find when verifying the material. But thanks for including the link to the actual legislation.
So, if I were preggers and fell off my horse I could be arrested? Oh boy. Could I be arrested just for riding my horse if I were pregnant because I might fall? The possibilities are endless for this bit of moralizing legislation.
This sounds so Victorian, when women were confined during pregnancy to avoid having a "shock to their delicate condition"
Excuse me I must get to my fainting couch, I feel the vapours coming on!
what? this is bad. thank you for brining attention to this. I am going to do some more reading about this. xxa
Wow. Just wow. I guess since by far the majority of miscarriages happen spontaneoulsy then the xtian god will be facing a whole mess of crimanal charges.
Unbelievable. You could logically carry this to the point where someone like me who knows they have a medical condition that could make it hard to carry to term can't get pregnant b/c they MIGHT miscarry and get charged with murder.
My age is 65 and I can remember when this was a free country.
Oh, my god!!! Clearly another example of fanatics who are more concerned with the welfare of the unborn than they are with those who are among us and going hungry, being physically and mentally abused every moment in this country. And of course those who suffer and die because they have no access to healthcare. Right here among us every day. Is the Utah legislature helping them????
It also brings the crazy as women miscarry for a variety of reasons. But then, it must be that some of Utah believes the woman miscarries if "she didn't want it enough" or "because it is God's punishment." People are disgusting for believing that crap.
This is so idiotic as to be almost unbelievable. I despair.
As a legislative measure, of course, what we're talking about is criminalizing abortion, yes? So, they're trying to force a case to the Supreme Court while the conservatives have that majority.
How on earth are they going to enforce this idiotic law? Will the state of Utah station a police offiver at every OB/GYN office to interrogate patients with suspicious miscarriages?
Does the bill actually make any miscarriage a potential murder case in a way that any death in the United States is not a potential murder case? It's an interesting question. I'm not certain we've done the people of Utah any favors characterizing them as being insensitive to miscarriage, since I expect a good number of them have experienced them or been affected personally by them. It will certainly be interesting to see what happens with this amended legislation in that state now, given its passage in both houses of the state legislature.
I think we all understand. Some of us just resist bringing it into consciousness. It is just another of the increasingly blatant signs oppressive patriarchy emerging in our politics and religion.

Women are chattel in male dominated cultures, their sexuality the property of males. The issue has nothing to do with saving or preserving lives. It is punishment for having unapproved sex.

The smokescreen of abortion has been so effective. The relegating so much of the rule setting to the states is responsible for so much of the abuse of the spirit of the law.

This fetish for states rights more generally is undoing our democracy.
Think about it. Someone leaves the state of Utah to get an abortion. Then, upon that person's return, she is arrested for 'causing a miscarriage willfully.' Yep. That'll be the start. Make no mistake.
I had no heard about this when I posted this comment elsewhere:
________

"Sarah Palin says her faith left her no choice but to carry her unplanned (and dare I say unwanted) child to term. But, when a woman -- who's water has already broken -- illegally (or at least in violation of doctor's orders and airline policy) boards a plane for an eight-hour trip, and then takes another long ride to her local hospital, bypassing hospitals nearby, one can be forgiven for wondering if that woman isn't secretly hoping (dare I say praying) for a miscarriage.

But, of course, deliberately inducing a miscarriage of a late-term fetus isn't abortion -- or is it?"
__________

Looks like Palin better stay out of rtwingut Utah from now on, at least if my suspicions are correct.
Good God. I assumed this was a joke.
I had a miscarriage years ago. For a number of reasons, many people assumed it was an abortion. It was a miserable experience without having to answer to any authorities.

With the benefit of hindsight, I wonder if some of my actions didn't contribute to the miscarriage.
Another example of religious fanatics forcing their bullshit on the populace.
I remember a time in my life when miscarriage was illegal. Communist Romania 1968-1989. I was very young but I can still remember the fear and the stories. Talented architect, young, successful, feet in stirrups and doctors unable to attend to her because she needed a police interview to establish she didn't provoke the miscarriage herself. Middle aged math professor at the local university almost died from septic shock because she just loathed the idea of having her lady bits examined with a cop in the room nearby. Civil engineer went to check a newly installed embankment, falls in the icy river, is taken to the hospital, is accused of trying to abort, she wasn't even pregnant. Doctor in disciplined (for failing to detect a pregnancy where none was.) Young waitress goes to the doctor complaining of back pains, he diagnoses endometriosis, it takes four months until she receives the D&C that can rid her of the pain because they have to make sure it's really a thickening of the uterus lining and not a ploy to perform an abortion. Meanwhile her periods are getting gorier and the pain so severe she can't work. Older doctor addicted to pain killers helps teenagers in a broom closet in a hospital also used for trysts between doctors and doctors, or doctors and nurses - whatever. She sends them to a bone doctor who sends them to an endocrinologist ( she's trying to hide behind a long "chain" of doctors) that will diagnose amenorrhea so they can get birth control pills (billed as amenorrhea control pills .) Yeah, I left that country when I was really young, but I still remember the underground medical care that had risen from communist legal schizophrenia, the fear, the anger, and ultimately, the closing off of any desire to have any children - many times because once you were pregnant and in the "cross-hairs" any wrong bleeding or fetus distress symptoms were criminal. For nine months you were in a prison cell of your own choosing and people congratulated you, but in reality pitied you, because motherhood had become a duty to be feared, not a time to drown in everyone's love and care. I hope Utah's not going anywhere close to that...
Having gone through heart breaking miscarriages had I been questioned about what I might have done to cause them, I can't imagine what my reaction would have been. Something crazy to be sure.
Alicia, great post. I wonder if the 17 yo girl felt she had no alternative in this case. I doubt someone would voluntarily pay someone to beat herself up if she had alternate access to termination; I don't know if Utah's laws require parental consent for minors to terminate, if there were financial issues, or if she had her own religious beliefs that would prevent her from seeking medical termination. Criminalizing her action, however you feel about what she did, will not address any of the above concerns. And what happened to the "hit man"?
This is horrifying on many levels.
This is exactly the sort of legislation that the "egg-as-a-person" crowd would love. Linda- the "hitman" is currently serving time. They were disappointed they couldn't also prosecute the pregnant girl. This law is meant to remedy that situation: "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 situation they were addressing was tragic and screwed up but the language in this bill is frightening in its broadness. "Reckless" can be defined in a lot of different ways by a lot of different people- from doing heroin to drinking too much coffee.
You can't legislate either morality or a conscience. We've known this through the ages. (Adultery has been illegal too; has it stopped?) This kind of reactionary push only adds layers of fear upon fear.

(Another woman's trained perspective)
This couldn't be enforced, without making Dr's break "patient confidentiality" and then women wouldn't seek care when they need it most. (for fear of being reported and questioned about things she's shouldn't have to discuss anyway)
Thanks for commenting everyone.

When I first saw a blog post about the bill I thought it was a joke. After confirming it was real I had the reaction I posted here. Since then I've been trying to understand what the legislators are thinking, they can't possibly be overlooking the broadness and problems a bill like this can cause. They removed the "reckless" wording, which just makes it more broad. Many are worried that the worst part of this bill will be the selective enforcement. I think it sets an awful precedent, and it's a huge step backward in autonomy.

I still don't understand - what they were thinking or why anyone would feel so superior over another's choices as many do in regards to women.
And this is why I moved the hell away for the U.S. the first chance I got! Good luck over there...
Their state legislature is also looking to eliminate the 12th grade. Good to know the most backward state in the union isn't in the deep south... anymore.
hokey smoke bullwinkle
UnFNbelievable!

***********************

Nah, I was kidding.

It's very believable.
In 1966, Romanian Communist dictator Nicolae Ceaucescu made abortion and contraception illegal. If you had the misfortune to live in that place during that time and you miscarried, in addition to bearing the anguish of a suffering from major medical issue, and perhaps losing a pregnancy you wanted to carry to term, you could count on being grilled for a few hours or so by agents of , the Romanian secret police.

So I wonder, which U.S. state is going to win the race to the bottom as far as womens' (read: human) rights are concerned?
My mother had two miscarriages before I was born and it inflicted a great deal of pain on her. So I( guess in Utah she'd have been locked up twice! Unbelieveable... thanks for highlighting this. Remind me never to go there, lest I meet teh crazy people who thought up this legislative dropping. Rated!
News you can't get from anywhere else. Rated and faved.
Wow - hadn't heard about this yet. Great post, as usual Alicia!

A.