OK, all your anti-choice people who think the Alabama law is fine, here’s what you also need to know about parental rights in Alabama AND about rape laws in Alabama.
Time to drop some legal research on y’alls asses. I got home from work at like 8:30 PM today and I’m still wired. I’m not really hungry…so I guess I’ll just feed EVERYBODY ON THE INTERNET. With SOME TRUTH BOMBS.
1) GUESS WHAT? IN ALABAMA, IF YOU RAPE A WOMAN AND THEY HAVE A BABY, THAT’S NOT GROUNDS TO TERMINATE YOUR PARENTAL RIGHTS.
OK this is actually something that I haven’t seen anybody commenting on, so I’m going to make this point first. In tons of states, it’s not actually an automatic termination of a person’s parental rights just because they raped the other party, which lead to a child. In Alabama, there’s no law that specifically protects or prohibits a rapist from claiming parental rights. In 2017, there was an attempt to pass a bill that would affirmatively terminate the “parental rights of somebody who commits the crime of rape in the first degree which results in the conception of a child.” Unfortunately, that bill died in the chamber. What this means is that even if a man is convicted of rape, and that rape (due to the new alabama law preventing abortion) results in a child being born, you still have TO GO THROUGH A FULL CUSTODY HEARING to terminate his rights.
2) Guess what? I’ve JUST READ the new bill. It doesn’t actually specify a 6 week deadline. What it says? IS A WHOLE. LOT. WORSE.
So it’s really interesting because you can find the full text of the bill here.
While the bill mentions something about “heartbeats” (again, debatable, won’t go there now) being detected at six weeks, it doesn’t actually define an unborn child as starting at 6 weeks or say “abortion can be performed before six weeks but not after.”
WHAT IT ACTUALLY SAYS:
- 1) an “unborn child” is a child “IN UTERO, AT ANY STAGE OF DEVELOPMENT, REGARDLESS OF VIABILITY.” So…actually? It’s defining a child as A PERSON LITERALLY AT ANY STAGE. NO MATTER HOW FAR ALONG YOU ARE.
- 2) If you kill an “unborn child” it’s considered homicide. (side note: Alabama law is particularly extreme in this regard). (side note 2: it also goes into this weird extended metaphor about genocide and the Holocaust, and compares abortion numbers to that).
- 3) Women* who are getting the abortion are not to be held criminally OR civilly liable for the abortion. Neither can any doctors who are confirming the serious health risk of a pregnancy that would require an abortion.
- 4) Serious health is required to get ANY abortion. AT ANY TIME. The law defines that as basically something that would cause her death or “substantial physical impairment of a basic bodily function.” IT EXPRESSLY DOES NOT INCLUDE MENTAL ILLNESS OR EMOTIONAL DISTRESS, UNLESS you have a second physician (who is also a licensed psychiatrist, with three years of clinical experience) confirming the diagnosis and CONFIRMING that her diagnosis is such that it would result in her death or the death of the unborn child due to her “conduct.” Meaning, she will try to kill herself in a super concrete way, or she will try to abort the fetus on her own if we don’t let this go through. But only because she’s certifiably diagnosed with something.
- 5) Performing an abortion that is NOT OUT OF MEDICAL EMERGENCY with a SERIOUS HEALTH RISK to the mother/unborn child? it’s a Class A Felony. Attempting is a Class C felony.
- Note that with this definition of woman it shuts out statutory rape too. I mean it point blank makes no rape or incest exceptions, but it flat out defines a woman as a person who is female, regardless of whether or not they’ve reached majority.
- Also it says that it’s ok if it’s an ectopic pregnancy or if there’s a lethal anomaly found in the fetus (meaning it’s got some sort of genetic defect causing it to die in utero or will die when born). THESE ARE THE ONLY EXCEPTIONS. THE WOMAN’S DEATH, THE FETUS’S DEATH, OR ECTOPIC PREGNANCY.
3) So what does that mean, a “class A felony?”
Well, to be frank, it means that “On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years. (Ala. Code § 13A-5-9).**
A Class B Felony means “On conviction of a Class B felony, he or she must be punished by imprisonment for life or any term of not less than 20 years.(Ala. Code § 13A-5-9).
A Class C felony means “On conviction of a Class C felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years. (Ala. Code § 13A-5-9).
So basically a Class A has a MINIMUM sentence of 99 years/life. A Class B has a minimum sentence of 20 years, and a Class C has a minimum sentence of 15 years, but a max term of life. There’s a bunch of stuff about committing multiple felonies and combinations thereof, but let’s leave that for another time.
4) Where does rape fall on this scale of Felony Classes?
Ohhhhhh boy. OK. First Degree rape (a Class A felony) is defined as:
(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old. (Ala. Code § 13A-6-61).
As you can see, that’s pretty problematic, esp. since it has to be committed by a member of the opposite sex. (Note: Ala.Code 1975 § 13A-6-63 defines sodomy, and first degree sodomy IS ALSO class A, but can only be committed by a man).
Second degree rape (Class B Felony)
(a) A person commits the crime of rape in the second degree if:(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective. (Ala. Code § 13A-6-62 )
First Degree Sexual Abuse (Class C Felony):
(a) A person commits the crime of sexual abuse in the first degree if:(1) He subjects another person to sexual contact by forcible compulsion; or(2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.(b) Sexual abuse in the first degree is a Class C felony. (Ala. Code § 13A-6-66 )
Sexual abuse of a child less than 12 years old (Class B)
(a) A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact.(b) Sexual abuse of a child less than 12 years old is a Class B felony. (Ala. Code § 13A-6-69.1 )
SO WHAT DOES THAT MEAN WHEN COMPARED TO ABORTION?
Well, it means that
A) abortions on ANY FEMALE PERSON, REGARDLESS OF THEIR AGE, ARE BANNED UNLESS YOU CAN PROVE A SERIOUS HEALTH RISK CAUSING BASICALLY DEATH OR LOSS OF PHYSICAL FUNCTION.
B) There’s not actually a “six weeks” permissible thing. If you’re pregnant AT ANY STAGE, IF THERE IS ANY SORT FERTILIZATION, it’s banned.
C) Yes, even in the case of rape or incest.
D) That even if it’s a minor. A child. literally A PERSON WHO IS PREGNANT AT ANY AGE, you are not allowed to have an abortion.
E) That doctors who perform an abortion that doesn’t fit these guidelines will be held the same sentencing as a first degree rapist (much more severe than a second degree rapist or a first degree sexual abuser). Even if the rapist gets a woman pregnant.
F) Even if that rapist gets a 10 year old pregnant.
G) And that rapist still automatically will have parental rights over that baby.
——
TLDR: It’s actually way worse than people are reporting and this is INCREDIBLY unconstitutional. The bill actually references Roe v. Wade directly, and practically DARES the SCOTUS to come after it. If you THINK THAT THIS IS OK, OR THINK THIS IS NOT A BIG DEAL, YOU ARE SADLY MISTAKEN.
________________________________
*Note: I know not only “women” can get pregnant. I know transmen and gender queer persons with uteri exist. This law is specifically written with “women” being the pregnant party, and defines “woman” as “a female human being, whether or not she has reached the age of majority.”
**I researched directly in Westlaw, as it was much easier to do than find reliable versions online. But I’m providing the legal citation in parenthesis for people so all you have to do is google the specific citation and you can find these. THese are all the current versions, btw.
(via geekhyena)
Challenge #02161-E332: Playing Power
“Commander, I always used to consider that you had a definite anti-authoritarian streak in you.”
“Sir?”
“It seems that you have managed to retain this even though you are authority.”
“Sir?”
“That’s practically zen.”
― Terry Pratchett, Feet of Clay – c/- Anon Guest
Power corrupts, they say. Absolute power, they add, corrupts absolutely. They say this a lot, especially when protesting against those who have the power. Systems with a huge and unbreachable gulf between the Haves and the Have Nots are doomed for revolt in one form or another. Those who don’t revolt are destined to collapse.
The problem with revolutions, as a great writer once said, is that they keep going around to the beginning. Those who upset the seats of power inevitably wish to occupy them. Swearing again and again that this time will be different because the right people are in power.
Power corrupts because it is addictive. Those given control over the life of one being can be responsible. They can care. Once that number under control rises into double figures… the flaws slip in. People become interchangeable in one way or another. Needs are forgotten or ignored. Assumptions are made in regards to capabilities. If it’s done wrong. Only one realm has ever done it right.
[Be sure to visit internutter (dot) org for a link to the rest of this story, and details on how to support this artist]
Challenge #02093-E269: Start of a Beautiful Friendship — Steemit
She couldn’t help but smile. Sanderson wasn’t aloof and cold. He was just dim. Socially speaking, he was thicker than a sack of bricks. Which sort of made up for him being just about everything else. It was hard not to like the guy. Friendly, outgoing, talented, politely outspoken, and smart. He had won a scholarship with his muscles, but he was using his brains once he got it.
Well. Most of his brains. Grace dredged some words out of her brain rather than just laugh at him. “Yeah, I was flirting. Thanks for noticing.” She couldn’t help teasing him a little. “Guess this is why you’re headed for valedictorian. Mind on the game.”
He laughed. “More like I can’t let a good chance go, you know? A good education’s the only way to get out of the ghetto.” Sanderson shrugged. “Sports careers don’t last. I need something good that I can fall back on.”
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Can Someone Explain?
- Democrat President: [Fumbles a difficult word in a speech]
- Republicans Everywhere: INCOMPETENT! IMPEACH THEM! IMPEACH THEM NOW!
- Democrat President: [Tries to do something for the people]
- Republicans Everywhere: RUINING THE ECONOMY! DESTROYING THE COUNTRY! IMPEACH!
- Republican President: [Screws the pooch big time]
- Republicans Everywhere: SUPPORT OUR PRESIDENT, RIGHT OR WRONG!
- Republican President: [Initiates policies that are worse than Hitler's]
- Republicans Everywhere: SUPPORT OUR PRESIDENT, RIGHT OR WRONG!
Challenge #01963-E139: Like Fresh Air — Steemit
Dani had to admit, it was a nice musical number. And the razzle-dazzle was sufficiently razzle-y and dazzle-y. Except… She had a few questions. “Uh. I’m pretty sure that blind people could always walk? And deaf folk could see? I mean, that’s usually the norm. There’s outliers and everything…” She’d almost derailed herself. “Don’t you mean the blind will see and the deaf will hear?”
Potential Senator McKridi looked her dead in the eye and said, “Madam, I prefer to make promises I can keep.”
And Dani mentally rewound all of his platform. Then announced, “You didn’t promise to do anything at all, really.”
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Challenge #01888-E064: Before a Fall — Steemit
Hubris is always punished. It’s a law of the universe. Get too egotistical, get too proud, get too vainglorious, and the universe will extract its taxes on your body, your soul, and everything you hold dear. Time is always good for this. Extracting the years day by day. Making those who were once strong, feeble. Making those in power jealously guard it until Death creeps up behind them and takes everything away.
But the usual ebb and flow of life’s cycle and nature’s check on megalomaniacs has fallen by the wayside in the modern era. Rich men ensure that their families are set up. Empires of economy are planned. Men and women alike play with the fates of their fellow man as if they were nothing more than counters on a game board.
So the gods had to show their hand more… forcefully. Such as the case of Malcolm Scase. Who now owned a majority of an entire nation.
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Challenge #01884-E060: Let's Make it Clear — Steemit
“Ask any guy in a bar, and he already knows how to run this country better than any schmo in office. So to that point, I am making all our laws, all our policies clear. Including nationwide reform and initiating a coherent set of laws for all states and counties in our beautiful country. If you care about how this country is run, tell us the good things that are being done. Tell us the bad things that need to change. We’ve even set up an app that lets you, the everyday citizen, have your say. Once a day, you open up the app, fill in the form, and we will listen.”
The crowd roared.
“In just a few days, this Sunday, we will hold a nation-wide referendum. Every public school, every public library, will be open for twenty-four hours. So that you, the people who care about this country, can vote as to whether this app becomes a legal means of petitioning our government. Every citizen who cares will have their say, but this vote will cut the red tape…”
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Challenge #01840-E016: Toxic, Useless, and Ugly — Steemit
“I will work so hard,” he said. “I won’t even have time for golf. I won’t have time to tweet. I’m talking bloody knuckles. I’m talking wearing out the grindstone with my nose. I’m talking twenty-four-seven. Hard. Sweaty. Work. For you. For all of you.” And then he spent more days on the golf course, on holiday, or on leave than any other leader to date.
“I’m not a racist,” he said. “I am the least racist person in the world. I don’t even know what prejudice is. Look at me. I’ve hired five black people in as many days,” who had quit, in outrage, but that wasn’t important right now. What mattered was the sound bites. “I strive for equality in everything I do. I want it. I need it like air. I just want to make things completely fair.” Two days after gaining office, he signed into law a ruling that allowed any person of authority to deport any person of colour that they deemed ‘suspicious’ to any country of their choosing.
“I’m a thorough-going feminist,” he said. “I’m all for women everywhere. Equal work, equal pay. Hell, those moms who choose to stay at home? Heroes. They should get a medal. They should at least get paid. I mean -what- motherhood is like four degree jobs going at the same time. You should get paid for that. You should honestly get paid for that. It’s a lot of hard work. A lot of it. And hard work should be rewarded.” One day after gaining office, he signed into law what the news called the “Back to the Kitchen Bill” that made it illegal for married women to seek employment in anything other than daycare, cleaning, or kitchen staff jobs that were not the head chef. Two days later, he classified teaching as a daycare job. And lowered the minimum wage threshold for women. Publicly stating that women “would just get pregnant and quit anyway.”
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Challenge #01807-D346: For the Future — Steemit
They say that a child’s wish is the most powerful thing in the world. And it can be. In the mouth of the right child. But circumstances have to be very, very specific.
Seth was the adopted child of aggressively pro-life political candidate James “Honest Jack” Jackson. He had gone from rags to riches and was the face of reformation of the youth. He was the apple of Honest Jack’s eye, and the poster child for “Give a Better Life This Christmas.”
And the wish was, “I wish the rest of your pals in the Senate told the truth about what they were gonna do.”
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Challenge #01806-D345: A Mundane Permanence — Steemit
[AN: Less and less as various peeps reduce the abilities of these folks to do so]
When they came for the cake stalls, I said nothing because I was on a succession of diets. When they came for the sausage sizzle, I said nothing because vegetables were meant to be better. When they came for the craft stall, I said nothing because I had no interest in crafts…
If there’s anything a government despises, it’s the very concept of people making money at the polls. Or, for that matter, the common throng making money at all. But they had to pretend that they wanted the common throng to do better in their lives, or they wouldn’t get elected.
But, nevertheless, the little stall under a dollar shop shade is the perennial thorn in the side of wealthy politicians everywhere.