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10-year-old rape victim denied abortion after Roe v Wade overturn


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10-year-old rape victim denied abortion after Roe v Wade overturn

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Jade Biggs
Tue, July 5, 2022 at 5:36 AM·2 min read
 
 
In this article:
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  • Kristi Noem
    Kristi Noem
    American politician
 
 
Photo credit: Elijah Nouvelage - Getty Images
 
Photo credit: Elijah Nouvelage - Getty Images

A 10-year-old rape victim, who was six weeks pregnant, was denied an abortion following the US Supreme Court's decision to overturn Roe v Wade. The ruling means there is no longer a nationwide right to terminate a pregnancy and individual states now have the freedom to make their own laws on abortion access.

The girl, who lives in Ohio, was ineligible to have an abortion in her own state in light of Roe v Wade being overturned and was forced to travel to Indiana for the procedure. Currently, abortion in Indiana is legal, but lawmakers are expected to bring in tighter restrictions later this month when the state assembly comes together.

"It’s hard to imagine that in just a few short weeks we will have no ability to provide that care," Dr Caitlin Bernard, an Indianapolis obstetrician-gynecologist, told the Columbus Dispatch. Bernard had treated the girl after a colleague in Ohio who works with child abuse victims called and asked for help.

 

Abortion providers like Bernard say they have seen a sharp increase in the number of patients, from the nearby states where such procedures are now restricted or banned, coming to their clinics for abortion.

The case has further reignited conversation in the US about abortion rights, and has forced anti-abortion political figures to address how the rights of women and girls – including abuse victims – will be balanced against abortion restrictions.

Photo credit: SOPA Images - Getty Images
 
Photo credit: SOPA Images - Getty Images

Yet some anti-abortionists have seemingly deflected on the matter, with Republican governor Kristi Noem of South Dakota – where abortion is now illegal unless "necessary to preserve the life of the pregnant female" – telling CNN that the public should be "addressing those sick individuals [who] do this to our children" adding that "nobody’s talking about the pervert, horrible and deranged individual that raped a 10-year-old."

As for whether she would push to change the law in South Dakota if a similar case occurred, Noem said: "I don’t believe a tragic situation should be perpetuated by another tragedy. There’s more that we have got to do to make sure that we really are living a life that says every life is precious, especially innocent lives that have been shattered, like that 10-year-old girl."

When asked if the 10-year-old should have had the baby, the Republican replied, "every single life – every single life is precious. This tragedy is horrific. But, in South Dakota, the law today is that the abortions are illegal, except to save the life of the mother."

Although, Noem did not rule out that performing an abortion on the 10-year-old could be classed as protecting the life of the pregnant female. "Yes, that situation, the doctor, the family, the individuals closest to that will make the decisions there for that family."

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Been banging on this in the Roe v Wade thread. 

This is a concrete example of the cruelty of overturning Roe v Wade. Use it. 

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1 hour ago, AUDub said:

Been banging on this in the Roe v Wade thread. 

This is a concrete example of the cruelty of overturning Roe v Wade. Use it. 

they never mention how bad the kids are screwed up as well. it happened to my last ex. molested from 4 to 16. he threatened to kill her whole family and ruined her life. i was going to protect my ex tho i have no use for her but i remembered i have already told this. she is so screwed up in so many ways. she horrible nightmares so we had to have the cartoon network on at night to help her sleep. she would scream and it could be me but when she cried she sounded like a little bitty girl. to further throw trauma of having her molesters baby and having to deal with him is wrong on so many levels it pisses me off.

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The "pro-life" movement is mostly cruel.  The rest is simply manipulated.

The way to end abortion lies in a society that is more equal, more intelligent, more compassionate, more empathetic, more charitable.

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13 hours ago, AUDub said:

Been banging on this in the Roe v Wade thread. 

This is a concrete example of the cruelty of overturning Roe v Wade. Use it. 

Concrete?

"Dozens of Snopes readers searched our site or contacted us wondering whether that had actually happened. To find out, we reached out to Dr. Caitlin Bernard, an obstetrician-gynecologist based in Indianapolis and who spoke to The Columbus Dispatch, about the headline-generating story. As of this writing, Bernard had not returned our request for an interview, but we will update this story if that changes."

https://www.snopes.com/news/2022/07/05/abortion-10-year-old-rape-victim-ohio/

Despite this story going viral, it still hasn't been confirmed.

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I'm very skeptical of the veracity of this story, but regardless, it points out the need for exceptions in anti-abortion laws to exclude rape, incest, and underage girls in one apocryphal story.  I wish people would quit demonizing each other over this issue. Both sides have good points but can't see past the extremes on the other side.  I think most states will wind up with reasonable laws. And if you just can't abide by the laws in your state, you can always move.

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On 7/6/2022 at 9:41 AM, Cardin Drake said:

I'm very skeptical of the veracity of this story, but regardless, it points out the need for exceptions in anti-abortion laws to exclude rape, incest, and underage girls in one apocryphal story.  I wish people would quit demonizing each other over this issue. Both sides have good points but can't see past the extremes on the other side.  I think most states will wind up with reasonable laws. And if you just can't abide by the laws in your state, you can always move.

Agree.  Unfortunately, the argument is purely political.  It will not go away.

We already had compromise, legislation at the state level.  The extreme view is too politically valuable to allow it to die. 

Edited by icanthearyou
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On 7/5/2022 at 9:35 AM, AUDub said:

Been banging on this in the Roe v Wade thread. 

This is a concrete example of the cruelty of overturning Roe v Wade. Use it. 

Should constitutional adjudication rely on philosophical predilection and moral intuition? Should determinations of social consensus and value judgments be committed to the Supreme Court?  

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31 minutes ago, NolaAuTiger said:

Should constitutional adjudication rely on philosophical predilection and moral intuition? Should determinations of social consensus and value judgments be committed to the Supreme Court?  

No.  It should be left up to the constitutional interpretation of the Federalist Society and, inane idea of textualism/originalism.  Utterly stupid.

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On 7/5/2022 at 11:34 PM, Auburnfan91 said:

Concrete?

"Dozens of Snopes readers searched our site or contacted us wondering whether that had actually happened. To find out, we reached out to Dr. Caitlin Bernard, an obstetrician-gynecologist based in Indianapolis and who spoke to The Columbus Dispatch, about the headline-generating story. As of this writing, Bernard had not returned our request for an interview, but we will update this story if that changes."

https://www.snopes.com/news/2022/07/05/abortion-10-year-old-rape-victim-ohio/

Despite this story going viral, it still hasn't been confirmed.

More so now. Click your Snopes link. 

Edited by AUDub
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Turley getting egg on his face will never not be funny to me. 

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LOL 

 

All this happened less than 24 hours after all the Right wing news websites wrote up stories about how the Ohio Republican AG says this story is likely fake. 

 

https://nypost.com/2022/07/12/ohio-ag-unaware-of-reported-rape-victim-10-who-had-abortion/

 

https://www.washingtontimes.com/news/2022/jul/13/columbus-man-arrested-rape-10-year-old-girl/

 

 

 

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1 hour ago, AUDub said:

More so now. Click your Snopes link. 

The 10 year old could have gotten an abortion in Ohio because it threatened her life.

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8 minutes ago, Auburnfan91 said:

The 10 year old could have gotten an abortion in Ohio because it threatened her life.

In a lot of situations in these conservative States, doctors will hesitate to even do technically “legal” abortions because of the risk of the State trying to prosecute them anyway due to loopholes or to send a message. 
 

There are millions of pro-Birthers out there who are just itching to get a doctor arrested or punished for performing an ‘illegal’ abortion. Many won’t risk it. 

Edited by CoffeeTiger
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Snopes tries to muddy the water by pointing to 'trigger' laws as an excuse for why the 10 year old went to Indiana for an abortion but Ohio's abortion law that was passed in 2019(which is current law) does include language for when a mother's life is endangered. Ohio was not one of the 13 states that enacted a 'trigger' law prior to Roe being overturned that Snopes tries to blame for the 10 year old traveling to Indiana.

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35 minutes ago, Auburnfan91 said:

The 10 year old could have gotten an abortion in Ohio because it threatened her life.

Got a link to the actual law and what it specifically requires of the doctor and subjects them to?

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23 minutes ago, CoffeeTiger said:

In a lot of situations in these conservative States, doctors will hesitate to even do technically “legal” abortions because of the risk of the State trying to prosecute them anyway due to loopholes or to send a message. 
 

There are millions of pro-Birthers out there who are just itching to get a doctor arrested or punished for performing an ‘illegal’ abortion. Many won’t risk it. 

Did you read the whole article you posted thinking you were owning the Ohio AG?

Quote

On Monday, Yost claimed that the Ohio trigger law had an exception that would have allowed the girl — “if she exists and if this horrible thing actually happened to her” — to obtain an abortion in the state, undercutting the theme of the Star article.

https://nypost.com/2022/07/12/ohio-ag-unaware-of-reported-rape-victim-10-who-had-abortion/

So the AG who has the authority to try and indict a doctor for an 'illegal' abortion said that the 10 year old would have been able to obtain an abortion.

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4 minutes ago, TexasTiger said:

Got a link to the actual law and what it specifically requires of the doctor and subjects them to?

https://codes.ohio.gov/ohio-revised-code/section-2919.16

Quote

(F) "Medical emergency" means a condition that in the physician's good faith medical judgment, based upon the facts known to the physician at that time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create.

 

Quote

(K) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. A medically diagnosed condition that constitutes a "serious risk of the substantial and irreversible impairment of a major bodily function" includes pre-eclampsia, inevitable abortion, and premature rupture of the membranes, may include, but is not limited to, diabetes and multiple sclerosis, and does not include a condition related to the woman's mental health.

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15 minutes ago, Auburnfan91 said:

Did you read the whole article you posted thinking you were owning the Ohio AG?

 

Yeah? It's kind of funny that the AG tells right wing media he hasn't heard anything about this case and brags about how connected he is to his state law enforcement agencies and implying he'd know about a case like this if it was real only 1-2 days before his State breaks the case.

And that all the Conservative media ran with it to try and build on the "made up pro-choice hoax" narrative Conservatives have been pushing on this story

 

 

 

15 minutes ago, Auburnfan91 said:

https://nypost.com/2022/07/12/ohio-ag-unaware-of-reported-rape-victim-10-who-had-abortion/

So the AG who has the authority to try and indict a doctor for an 'illegal' abortion said that the 10 year old would have been able to obtain an abortion.

OK, so you know for a fact that this girl and her mother ....both of whom you likely didn't even believe existed 24 hours ago.....didn't try or talk to any medical professionals at all in Ohio and only needlessly went to Indiana for the procedure for no reason....or just to build up a liberal/media narrative?

 

And it's one thing for an AG to make this claim after the fact and after Ohio is in the spotlight for this situation, and doctors at the time this happened when roevwade was just being overturned, when doctors had really no idea what the State AG would or wouldn't prosecute, or would or wouldn't consider to be "life threatening" .

 

The reality is that the pregnancy likely wasn't "life threatening" when the child had the abortion and may have only possibly become so later on as it progressed.....how are doctors supposed to know that the State Republicans would make an exception, and judge the situation to be appropriately "life threatening"?

 

Would this girl have eventually been able to get a legal abortion in Ohio?  probably eventually, yes. But she very likely would have had to wait weeks or even months longer for doctors in Ohio to get the laws and approvals squared away. She was better off just going to Indiana and getting it taken care of immediately.

Edited by CoffeeTiger
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1 minute ago, TexasTiger said:

Thanks. How would you specifically apply that law to this case?

Before the story got confirmed, the Ohio AG weighed in and said Ohio's abortion law exception would allow the 10 year old to obtain an abortion.

Imo, this case would apply for both (F) and (K) as a medical emergency. A 10 year old is not developed enough to carry an unborn child. An abortion would be safer than a 10 year old trying to give birth.

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2 minutes ago, Auburnfan91 said:

Before the story got confirmed, the Ohio AG weighed in and said Ohio's abortion law exception would allow the 10 year old to obtain an abortion.

Imo, this case would apply for both (F) and (K) as a medical emergency. A 10 year old is not developed enough to carry an unborn child. An abortion would be safer than a 10 year old trying to give birth.

They ought to specify age in the statute. It’s not at all clear and it requires doctors to make a judgment call and face a prosecutor with a different opinion. The AG said it after the fact. If we don’t want to risk children having babies, the legislature needs to spell that out.

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