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Have a miscarriage . . . Go To Jail??!!??

As many of you know, I've had a miscarriage.  It sucked.  It still sucks.  However, when I read articles about how Utah wants to be able to prosecute women who have miscarriages, it makes me angry.  Why?  Over 15% – 20% of pregnancies end in miscarriage.  That's just nature's way of handling an nonviable pregnancy.

The bill responds to a case in which a Vernal woman allegedly paid a man $150 to beat her and cause miscarriage but could not be charged. The Senate approved criminalizing a woman's “intentional, knowing, or reckless act” leading to a pregnancy's illegal termination.  But here's the problem — what is a knowing reckless act?  If you eat tuna and have a miscarriage, is that reckless?  If you fall down while pregnant, can you be charged (and the answer is yes because it happened in Iowa).  Writing for RH Reality Check, Rachel Larris says,

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.

That terrifies me. I was sent to the ER when I miscarried. It was a Friday night and my OBGYN wanted me to get checked out even though we both knew what was happening. Would I have went knowing that I chanced going to jail because somebody didn't like me, the way I dress, or anything I said? Hell, no.  Heck, I had 2 (aff) different OBGYN's for my pregnancies and both gave me different rules to follow.  If the doctor's can't agree, how the heck am I suppose to know if something I did caused a miscarriage.  Heck, I have an irritable uterus, so I'm most likely just screwed since my body doens't like being pregnant and puts me into preterm labor.  I know, you are stating that they won't go after the “good” people.  However, if you read the Iowa story, they do.

I'd love to know what you all think. Is this legislation taking it tad too far?

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10 thoughts on “Have a miscarriage . . . Go To Jail??!!??

  1. What the Vernal woman did was wrong but because there was no law against what she did it made the case tough. This new law is not in effect yet which means they are still working on it and one thing they need to work on is the wording. The Utah governor recently said that they will be taking "reckless" out of the bill.

  2. I am pro choice for many different reasons, and I value the women that have to make this choice. There are so many campains out there that don't show real life situations.

  3. This is insanity. This is the first I'm hearing about this. I'm super sensitive to it because I just had a miscarriage for the first time 3 weeks ago and it was terrifying. I can't imagine the crazy things that would happen to innocent women if this kind of prosecution really held up in any court.

    And… with abortion legal, I don't understand how any woman could be prosecuted for killing her unborn child by beating or any other means… Abortion is the same thing.

  4. While I agree that the woman who paid to get beaten should be prosecuted I do not think this law should be passed. It would open the door to many innocent women who are already suffering the loss of their baby due to miscarriage being prosecuted as a criminal.

  5. I tend to agree with you for the most part. I don't think women should be punished for having a miscarriage. Lord knows I have had many friends who have had them, and none of them deserve to go to jail. However, I think a law for women who knowingly do intentional harm to have one isn't a bad idea. I don't know how often that occurs honestly, but I would consider that almost like murder, ya know.

    It's one thing if your body does it for you, it's another if you make it do it for you.

  6. What prosecute women who have miscarriages

    thats the dumbest thing i have ever heard

    next they will fine people who are born with genetic defects

    Utah is a weird place

  7. I am pro choice for many different reasons, and I value the women that have to make this choice. There are so many campains out there that don’t show real life situations.

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