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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.
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
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.

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 That statute was repealed and superseded by 1972 Acts of Assembly, c. 484,  [*5]  the first version of the present § 18.2-22, which makes felonious the conspiracy to commit any felony.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.

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...

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.

Originally posted to Fokozatos siker on Wed Feb 15, 2012 at 04:29 PM PST.

Also republished by Abortion.

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Comment Preferences

  •  I have had transvag U/S with my pregnancies (13+ / 0-)

    and i can totally see how a rape victim, or someone with sexual trauma in their past would totally freak out during the exam. I found it uncomfortable and creepy, but i was ok. if i had been a rape victim, someone who had been coerced into sex, someone who had been victimized earlier in my life, or someone who just had severe personal boundaries, i imagine it could even be traumatic.

    compassion for things i'll never know ~ david byrne

    by little lion on Wed Feb 15, 2012 at 04:41:02 PM PST

    •  Yeah, but (1+ / 0-)
      Recommended by:

      is it an "honest rape"?

      “Never argue with an idiot. He’ll bring you down to his level and then beat you with experience.”

      by MadRuth on Wed Feb 15, 2012 at 05:25:28 PM PST

      [ Parent ]

    •  Per the law, it doesn't matter how uncomfortable (1+ / 0-)
      Recommended by:

      or creepy it is -- the important thing is that it's against the will of the victim.  

      So, someone might have an objection as simple as "I don't want to have a procedure that's unnecessary and that I'll have to pay for," but in order to get the procedure that they -do- want, they have to submit to it.  That is, by the law, rape.

  •  Well ain't that just something. (0+ / 0-)

    But there's probably a law on the books exempting medical professionals from this statute.

    27, white male, TX-26 (current), TN-07 (originally), liberal-leaning independent

    by TDDVandy on Wed Feb 15, 2012 at 04:45:26 PM PST

  •  What is needed now (4+ / 0-)
    Recommended by:
    Randomfactor, G2geek, MadRuth, kayak58

    is brave women to come forward and sue.

    That's the only way this can make it through the courts and be declared unconstitutional.

    Instead, I fear, the migration of those who seek abortions will begin.

    Added expense- travel and motel accomodations.

    Growing old is inevitable...Growing up is purely optional

    by grannycarol on Wed Feb 15, 2012 at 04:48:07 PM PST

  •  Psycho world just keeps getting crazier (1+ / 0-)
    Recommended by:

    Psycho world just keeps getting crazier by the day… and we haven’t even reach the collapse...

    Nudniks need not apply.

    by killermiller on Wed Feb 15, 2012 at 04:53:35 PM PST

  •  I felt sqeamish and uncomfortable... (1+ / 0-)
    Recommended by:

    just listening to Rachel Maddow talking about this procedure.....and she didn't go into graphic detail.
    Just the idea, its more then a physical assault.

    Puritan assholes. Attempting to pass laws that take away freedoms, reproductive rights, CBA rights, voters rights, that's not enough for these backwards thinking fucks.
    They have to add this sadistic shit.

    Its an assault on the legacies of every great in woman who,(notably, or anonymously), contributed to the creation and transformation of this country.

    'Oh, yeah, they're gonna talk to you, and talk to you, and talk to you about individual freedom. But they see a free individual, it's gonna scare 'em.' ---George Hanson (Jack Nicholson), Easy Rider.

    by SDG63 on Wed Feb 15, 2012 at 06:16:31 PM PST

  •  It's rape. I can just hear the Republicans say (0+ / 0-)

    "oh, I hadn't thought of that."

    That is the absolute crux of the problem with Republicans and the bills they have introduced on the subjects of reproductive rights.  THEY DO NOT THINK! about the effects of said bills.  

    I could go further and say some of them are completely oblivious.  "We're saving innocent human life here!' plays and replays in their little heads, like it was some kind of mantra, keeping all rational thought at bay.  That is their justification, and likely how the Republicans in the Virginia statehouse rationalized their vote for this putrid perversion of political pandering. (whew!)

    Nel mezzo del cammin di nostra vita mi ritrovai per una selva oscura..

    by GenuineRisk on Wed Feb 15, 2012 at 08:17:34 PM PST

  •  Been there, done that... (0+ / 0-)

    So... I've been "lucky" enough to have more than one of these procedures prescribed to me medically in the past few years.  If you're not mentally prepared for the medical necessity of one  - in my case because of the excruciating pain of ovarian cysts for the first several and the fear of fibroid tumors or worse for the latest one just yesterday -  I can say from experience that it would be an extremely invasive and unwelcome experience.

    Strike that - it's extremely invasive and unwelcome even if you know it's necessary.  Yeah, as I lay there yesterday, the tech tried in vain with her little probe to find the ovary in question this go round transvaginally... she then switched to an exterior abdominal scan, and then back to transvaginally when that didn't feet in the stirrups, staring up at the ceiling the whole time - it took over 10 minutes total. If you're a male, think about someone sticking a probe up your butt and swirling it around for the equivalent time. You might then begin to approach the level of discomfort it invokes. It sucked for me even though I knew it was medically necessary to make sure the "abdominal mass" from my earlier CT scan wasn't cancer.  I can't imagine what it would be like  for a woman seeking the legal procedure of pregnancy termination and being subjected to the same treatment unwillingly.

    And why aren't the "small government conservatives" experiencing apoplexy about Virginia's government's intrusion into the medical decisions of Virgina's women and their doctors?    I'd say I'm confused, but it's really becoming quite clear...

  •  How Barbaric! (0+ / 0-)

    This is the most barbaric new law yet by the GOP and that is going some. It is especially awful if the woman is having an abortion because she was raped in the first place. So now the state is forcing her to be raped AGAIN? I have had a transvag U/S and it hurt. I have also been raped and the U/S gave me awful flashbacks. Just the thought of women having to go through this makes me sick to my stomach.

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