Posted on 01/07/2005 5:06:58 PM PST by SilentServiceCPO
Be it enacted by the General Assembly of Virginia:
1. That § 32.1-264 of the Code of Virginia is amended and reenacted as follows:... When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor.
(Excerpt) Read more at leg1.state.va.us ...
After #3 I was sure it was an impossibility to break the trend.
Even if they aren't far along it's always a good idea for a woman in such a situation to go to her doctor. A DNC will most likely need to be done, otherwise they will be at risk for a bad infection.
It's an invasion of privacy to demand that a woman grieving the loss of her baby report to the police like some sort of criminal. It's none of the government's business if someone miscarries. Sure, she'll probably see her doctor, but it should end there.
I really hope the Representative who introduced this bill doesn't realize that the VA state law apparently includes spontaneous miscarriage as "unattended fetal death." If he genuinely means to make women suffering such an emotionally and often physically painful experience -that is NO fault of her own - report this to the government then he's just sick.
My parents were't going to risk number five, four hell-raisers was enough.
Does this mean a 15 year-old "woman" would have to tell her parents about an accidental miscarriage but not an intentional abortion?
Wow,
I didn't even think of that. However, Virginia has a Parental Notification Law already, so that situation couldn't occur.
The bill's wording isn't clear at all. A "fetus" normally is medically defined as an unborn child after 12 weeks. But commonly it's defined that if the child dies after 20 weeks, it's not considered a miscarriage anymore, but a stillbirth. However, this particular bill does NOT specify any of these terms, so theoretically women could be punished for not reporting an earlier miscarriage. Considering that many early miscarriages occur silently (the woman just perceives it as an especially heavy period), this bill is biologically stupid.
Actually, here in Virginia our legislature has taken the liberty of defining "fetal death" for us. See post 24 for the except and link to the actual state code. Fetal Death in this bill is defined as the death of the "product of conception" regardless of the duration of the pregnancy, so even if a woman was only a few weeks pregnant, then this law would apply to her.
But I won't argue the point that the law and their definition of "fetal death" accord with each other either. The law specifically references "delivery and abortion" but neither are defined in the section. The definitions are what they say you are although the allusion to heartbeat necessarily rules out early miscarriages because there is no heartbeat until after 5 weeks and even then you couldn't listen to one with a stethoscope until maybe 12 weeks.
So when all is said and done, I think you should bust his chops but not because he wants to make the lives of women who have suffered miscarriages miserable, but because that section of the code stinks.
"A DNC will most likely need to be done"
A Democrat National Convention? Seems like a lot of trouble. Probably easier just to do a D&C.
I miscarried very early on in a pregnancy. I definitely knew it. Was the worst pain I ever suffered; worse than either of the following full term pregnancies.
Perhaps a heavy period would have to be reported just to avoid possible prosecution. Maybe used feminine hygiene products should be sent to the police lab for analysis.
That's a thought. It would definitely overwhelm any pathology lab they set up.
Yeah, if you actually check out what sorts of crimes are punished as class 1 misdemeanors (as this bill would punish unreported miscarriages), the list includes some varieties of arson, stalking, carrying a concealed weapon while under the influence...
Nice to see a miscarriage not being reported is right up there.
If you are smart, you go to the doctor so they can a) verify the miscarriage and b) make sure there aren't complications.
If you miscarry and you don't see the doctor about it, there is no evidence that you miscarried.
*** DING DING DING *** No more calls; we have a winner!
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