[quote]countingbeans wrote:
[quote]Brother Chris wrote:
The Church has always held that the woman is the second victim of abortion.
[/quote]
Can you go into more detail on the above if you don’t mind?[/quote]
This article speaks on it better than I could: Why the States Did Not Prosecute Women for Abortion Before Roe v. Wade - Americans United for Life
[quote]The political claimâ??that women were or will be prosecuted or jailed under abortion lawsâ??has been made so frequently by Planned Parenthood, NARAL, and NOW over the past 40 years that it has become an urban legend. It shows the astonishing power of contemporary media to make a complete falsehood into a truism.
For 30 years, abortion advocates have claimedâ??without any evidence and contrary to the well-documented practice of ALL 50 statesâ??that women were jailed before Roe and would be jailed if Roe falls (or if state abortion prohibitions are reinstated).
This claim rests on not one but two falsehoods:
First, the almost uniform state policy before Roe was that abortion laws targeted abortionists, not women. Abortion laws targeted those who performed abortion, not women. In fact, the states expressly treated women as the second â??victimâ?? of abortion; state courts expressly called the woman a second â??victim.â?? Abortionists were the exclusive target of the law.
Second, the myth that women will be jailed relies, however, on the myth that â??overturningâ?? Roe will result in the immediate re-criminalization of abortion. If Roe was overturned today, abortion would be legal in at least 42-43 states tomorrow, and likely all 50 states, for the simple reason that nearly all of the state abortion prohibitions have been either repealed or are blocked by state versions of Roe adopted by state courts. The issue is entirely academic. The legislatures of the states would have to enact new abortion lawsâ??and these would almost certainly continue the uniform state policy before Roe that abortion laws targeted abortionists and treated women as the second victim of abortion. There will be no prosecutions of abortionists unless the states pass new laws after Roe is overturned.
This political claim is not an abstract question that is left to speculationâ??there is a long record of states treating women as the second victim of abortion in the law that can be found and read. To state the policy in legal terms, the states prosecuted the principal (the abortionist) and did not prosecute someone who might be considered an accomplice (the woman) in order to more effectively enforce the law against the principal. And that will most certainly be the state policy if the abortion issue is returned to the states.
Why did the states target abortionists and treat women as a victim of the abortionist?
It was based on three policy judgments: the point of abortion law is effective enforcement against abortionists, the woman is the second victim of the abortionist, and prosecuting women is counterproductive to the goal of effective enforcement of the law against abortionists.
The irony is that, instead of states prosecuting women, the exact opposite is true. To protect their own hide, it was abortionists (like the cult hero and abortionist Ruth Barnett when Oregon last prosecuted her in 1968), who, when they were prosecuted, sought to haul the women they aborted into court. As a matter of criminal evidentiary law, if the court treated the woman as an accomplice, she could not testify against the abortionist, and the case against the abortionist would be thrown out.
There are â??only two cases in which a woman was charged in any State with participating in her own abortionâ??: from Pennsylvania in 19111 and from Texas in 1922.2 There is no documented case since 1922 in which a woman has been charged in an abortion in the United States.
Based on this recordâ??spanning 50 states over the century before Roe v. Wadeâ??it is even more certain that the political claim that any woman might be questioned or prosecuted for a spontaneous miscarriage has no record in history and will certainly not be the policy of any state in the future.[/quote]