Abortion

[MongolianFireOil]

So, being a parent of a 15 year old ESFP, this thought popped into my head this beautiful morning.

In the case of a child under the age of consent, couldn't an abortion clinic be charged with destruction of evidence?

[C.J.Woolf]

So, being a parent of a 15 year old ESFP, this thought popped into my head this beautiful morning.

In the case of a child under the age of consent, couldn't an abortion clinic be charged with destruction of evidence?
Evidence of what crime, pray tell?

[demagogic_schizoid]

# fortune
innovate, v.:
To annoy people.
#

hmmmmm

[starla]

Maybe, but they would have had to know that a crime had occurred.

[MongolianFireOil]

If the child is under the age of consent, there's a pretty good chance that a crime occurred. Most people are older than 18. I'd like to go into more detail but at this time, it's only conjecture unless someone misses a cycle.

[Rajah]

FFS, that's going to be up to the states.

Here's one example, a Missouri statute (http://www.moga.state.mo.us/statutes/C100-199/1880000028.HTM) about minors and consent. You'll note in the statute that a minor can be granted judicial consent.

And.... destruction of evidence? The fetus? That is a completely bizarre idea. I mean, I'd expect a clinic who didn't report evidence of statutory rape to be penalized for failing to comply with laws that typically require healthcare workers to report suspicions such crimes have been committed.

In any event, I wouldn't expect a court to find spoliation of evidence because a prima facie case could still be made out for statutory rape - the fact that she was seeking and received an abortion?



...What's your real agenda in posting this thread? *skeptical*

[starla]

If the child is under the age of consent, there's a pretty good chance that a crime occurred. Most people are older than 18. I'd like to go into more detail but at this time, it's only conjecture unless someone misses a cycle.

How is there a pretty good chance a crime occurred? Most people may be over 18, but most people that a 15 year old knows are going to be teenagers, and two 15 year olds having sex is not a crime. It's also not necessarily a crime if the other party is over 18, it depends on the age of consent in that state, the age of the other party, and the state's specific laws on the matter. When I was growing up in Ohio, it was legal for someone over 18 to have sex with a minor as long as there was less than 4 years difference between them. I think that's a lot more likely than a 15 year old having sex with someone over 19. The clinic would be out of line to inquire about the patient's sexual history, so unless your daughter mentioned the age of the father and it indeed qualified as statutory rape in your state, there's nothing for the doctor to report.

[MongolianFireOil]

...What's your real agenda in posting this thread? *skeptical*

The thought came to me while I was getting ready for work this morning and at the time, it seemed pretty good.

The history to this is. daughter, 2 years ago at age 12 fell in love with a 37 year old and fell into drugs. Parents found out, pressed charges, got a permanent restraining order but daughter was messed up and blaims parents. child rebels, goes to psyche ward, the uncles then back to parents then to another child detention center then to aunts where she sneaks 18 year old boy into house and is promptly sent back to parents. Child goes home with chip on shoulder, is charged with assualt after trying to beat up on dad and spends weekend in juvenile hall. child is then enrolled in school, does well for a week but then misses bus and calls for ride home. parent goes to pick up child, Apartment where child is at is filled with wacky smoke and child is stoned. Parent talks to school, learns male who child was with is 18 and is told a detective will speak with 18 year old boy about endangering a minor

kk, I looked up my states laws and abortions aren't allowed without parents consent. For some reason, I had the impression a child could go in and get one without needing consent but that's not the case.

[LongSilence]

Sharon, you're having this kid whether you like it or not. It'll teach you the importance of responsibility and consequences... and condoms.

Actually, I think an underaged teenager could probably get legal permission to have an abortion if they wanted it and their parents forbid it for some reason.

As for destruction of evidence, a fetus probably has a whole new classification when it comes to being 'evidence' for a trial as it's a living thing, until its killed and disposed of. But then again, is it? In the end, we can always get justice to be served but finding a fanatic to blow the den of sin and concealed rape up.