In the latest and perhaps most unbelievable attempt on women's health, the Virginia house has passed a bill requiring women who seek an abortion to undergo an "transvaginal ultrasound.'' Women will have no right to refuse if they seek to pursue a lawful medical procedure.
In other words, under the laws of Virginia, the House GOP could now theoretically be charged with conspiracy to commit rape. Because what they are ordering to have done is, by the definition of the Virginia code, a form of rape.
The relevant portion of the law says this:
Title 18.2-67.2 Code of Va.Perhaps the thugs will argue that they aren't FORCING women to have these procedures, they are just making it part of a requirement. Women have the power to refuse -- if they are willing to give up the pursuit of a legal medical procedure.
INANIMATE OBJECT SEXUAL PENETRATION
Definition: Penetration of the vagina or rectum with any object by force and against the will of the victim.
Penalty: 5 years to life imprisonment
Good theory. I'm not FORCING someone to give me their wallet if I tell them that they have to do so or I will shoot them; they are making that choice. I am not FORCING someone to perform oral sex on me if I tell them the only way they can get a needed gall-bladder operation is by doing so. I am not FORCING someone to participate in drug testing if I tell them that that is the only way they will receive any treatment.
And don't believe that this isn't arguably a conspiracy. Lawmakers are compelling the sexual battery of women, forcing the doctors to act as their agents. Under Virginia law, as defined in the case of Commonwealth of Virginia v. John D. Howlett, Jr., the history of the conspiracy laws in Virginia is this:
A conspiracy to commit a felony was a misdemeanor at common law. Callanan v. United States, 364 U.S. 587, 5 L. Ed. 2d 312, 81 S. Ct. 321 (1961); 15A C.J.S., Conspiracy, § 77. The first Virginia statute making it felonious to conspire to commit murder, rape, robbery, and certain other felonies was former Va. Code § 4483b, enacted in 1934. That statute was repealed and superseded by 1972 Acts of Assembly, c. 484, [*5] the first version of the present § 18.2-22, which makes felonious the conspiracy to commit any felony. These statutes were enacted to increase the penalties for conspiracy to commit felonies.What's good here is that the legislators would have to register as sex offenders.
The relevant law states:
§ 9.1-902. Offenses requiring registration.Now, obviously, I don't expect any of the legislators to be indicted. That is not the point -- the point is that what they are doing FITS the legal definition. I have mentioned many times before that I am a police officer in a sex crimes unit. And if I was a prosecutor -- even if I knew the case might not survive a motion to dismiss -- I would try to bring charges against these bastards, just to make it clear what they are doing.
A. For purposes of this chapter:
"Offense for which registration is required" includes:
...4. A sexually violent offense;
...B. The offenses included under this subsection include any violation of, attempted violation of, or conspiracy to violate:
1. § 18.2-63; unless registration is required pursuant to subdivision E 1; § 18.2-64.1; former § 18.2-67.2:1; § 18.2-90 with the intent to commit rape...