Staff Editorial
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OUR POINT THIS WEEK: Utah’s proposed bill, HB12, punishes victims and endangers the rights of pregnant women.
Two weeks ago, the Utah State Legislature passed a bill threatening the welfare of pregnant women. If signed into law the proposed bill, HB12, would criminalize the killing of a “live unborn child” if carried out by means other than legal abortion.
Essentially, women whose pregnancies fail would become candidates for prosecution. They would only need to be “intentional, knowing or reckless” to be considered criminal. Considering the ambiguity of these conditions and the frequency of miscarriage, the legislation promises to be a disaster if signed into law.
We at The Butler Collegian believe any attempts to institute a policy of such vague criminalization to be profoundly misguided. Utah’s legislation is an assault on the mental and physical wellbeing of pregnant women. If made policy, it would all but guarantee the prosecution of victimized individuals.
The incident inspiring the legislation is a telling example.
HB12 was introduced last month after a pregnant woman paid a man $150 to violently beat her in an attempt to cause a miscarriage. This woman’s action deserves to be punished with charges of homicide, according to Utah’s legislature.
One would hope a body of elected officials could rise above such a dearth of reason and empathy. While the case inspiring the legislation is certainly tragic, Utah’s attempt to respond is way off the mark. Rather than address the circumstances that drove this woman to finance her own assault, Utah legislators have instead chosen to criminalize the victim.
This trend is sure to become a norm if the legislation is made into law. If the termination of a pregnancy needs only to be “reckless” to be criminal, women of all sorts will become candidates for prosecution.
For example, should the woman who rides the wrong roller coaster or stays too long in the hot tub be considered guilty of homicide?
Moreover, what is the legal status of the woman who returns home to an abusive spouse? Perhaps her behavior is “reckless.” If so, and if she is beaten into a miscarriage, it would seem she has committed homicide.
How can this possibly be the right approach?
While the Utah Legislature has correctly perceived an imperative for action, its response has been counterproductive. When a woman’s abortion takes the form of her own assault, it is not time to punish the woman. It is time to give her the help she needs.
Utah legislators should direct their efforts toward prevention rather than punishment. Instead of paying lawyers to prosecute victims, they should pay schools to teach sex education and fund hospitals to provide prenatal services.
In the meantime, Utah Gov. Gary Herbert should veto this bill. It’s a disaster waiting to happen.
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