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Originally Posted by Kobi
Appearing on the FBI website, the new definition of rape says: “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
Seems the definition of rape requires very explicitly defined "penetration". The one doing the actual "penetrating" by definition is the tech not the law makers.
If penetration wasnt so clearly defined as a specific act/action, my head might have more wiggle room here.
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Well speaking of wiggle room, it appears to me that the supreme court decision regarding first trimester abortion is ever so clearly defined and there doesn’t appear to be any wiggle room at all. Yet, they’re doing the wiggle coast to coast in every state in the union. So I don’t have any qualms doing a little wiggle of my own and laying the blame for the state mandated rape squarely at the feet of the politicians and the state.
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By law you are saying people shouldnt be put in this position and they shouldnt. But, they are. Federal law vs state law vs common people just trying to do their jobs. It sucks.
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I’m not saying they shouldn’t be put in the position. I’m saying they can't legally be put in this position.
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Yes, we all need to step up and do the right thing....as we see it. Now, here is the dilemma I see and another example of the absolute brilliance of the GOP strategy.
If I was a tech or an MD who performed abortions in these states, I would have, conceivably, an ethical dilemma. I have no idea what my legal options would be i.e. restraining or, stay order etc. But, lets presume I dont have a way to hold off enforcing the law.
As a health care professional, I would have a choice. I can abide by the law or I can deliberately break the law or I could challenge the law....for a small fortune.
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Well, that’s my dilemma. Why would they have no way to hold off enforcing an unlawful law? It should be a no brainer. No one should be deliberately breaking federal laws.
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If I abide by the law, I might have my own ethical dilemma to wrestle with every single time I did a procedure.
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Well, see that’s the thing. You would not be abiding by the law. The federal law is clear, no state interference in first trimester abortions.
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If I deliberately broke the law, as idiotic as it is, I am now opening myself up to criminal prosecution. I am now facing criminal charges, legal fees, possible loss of my license to practice, and jail time. Not only am I, personally and my family, in a quandry now, everyone I employ and I serve are also likely in limbo land as well. So, how does my decision to live my conscience affect those around me?
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Again, you would be deliberately breaking federal law if you do what the state is asking.
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If I am a tech employed by someone who insists we go by the letter of the law, I can refuse and in refusing, I might myself unemployed. Will I choose to take responsibility for what I feel is right even when it means my job, my income, my health insurance, my home, my way of life etc? What a freakin horrible position to be put in.
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Again if you follow the letter of the law you must refuse.
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If I own a facility that does abortions, for the sake of my business, my employees, and my ethics I may STOP doing abortions altogether. Bingo!
If I am someplace like Planned Parenthood, I could foresee many many millions of dollars being spent to defend myself in court for one reason or another as a result of this. Might I be put in the position of having to weigh the costs of performing abortions vs the costs of other services we provide?
Bingo 2!
I might even decide to shutdown my practice in a hostile state and move it someplace more accepting. What happens to those I used to serve if the service isnt available anymore? Bingo 3!
I am not even going to address the blame the victim shit that is bound to happen i.e. the "if women only did this or that or didnt do this or that" we wouldnt even have an abortion issue to deal with.
What a fucking brilliant strategy. Brilliant.
How do you counteract this? Good question.
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Well it’s only a brilliant strategy if people do not stand up against it. It is illegal. And if everyone, physicians, techs, facilities, everyone involved in women’s reproductive services, stands up together and cries foul, then it wouldn’t stand a chance of working. But if most accept this then ya, it’ll work. But really it’s not that brilliant, they only win if we roll over and decide to lose.