A couple of days ago, I read the most outrageous headline. According to CNN, the American Civil Liberties Union were suing Arkansas, saying their 4 new bills pertaining to Abortion forced women who were raped to ask for their rapists’ permission to get an abortion. When people heard about this horrible news, they immediately sided with women, no woman should have to ask a rapist permission to have an abortion, and no rapist should be able to prevent her. I would agree with that, what woman should have to ask permission to get an abortion if she were raped. The whole 5 women out of 1000 women who get abortions because of rape or incest shouldn’t have to ask for abortions for men who raped them.
But does the law really say that? Sure the ACLU, which will be very feminist, is going to virtue signal saying that Bill 1032 is a horrible bill that is going to trample over a woman’s rights. And because certain clauses didn’t outright say it excluded rapists, they had their way to shout from the roof tops. When I heard of the law, I thought, as long as they put in the clause, excluding rapists, this law seems like a Men’s rights bill. Any man who is willing to take care of a child that is biologically his should be able to put forth an injunction and raise the child, even if he is a single father. While the law doesn’t outright say that any man who is biologically the father can do this, it says men married to women. I hope this would include common law marriage, where a man and woman who have been living together for the minimum amount of time can do this.
So, what does the law say? Let me show you.
20-16-1803. Ban on dismemberment abortion.
(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman.
(b)(1) A person who is accused of violating subsection (a) of this section may seek a hearing before the Arkansas State Medical Board regarding whether the dismemberment abortion was necessary to prevent a serious health risk to the pregnant woman.
(2) The findings of the board are admissible in any court proceedings under this subchapter.
(3) Upon a motion by the person who is accused of violating subsection (a) of this section, a court shall delay the beginning of a trial for no more than thirty (30) days to permit a hearing under subdivision (b)(1) of this section.
This is basically saying, if a woman needs this kind of abortion because of serious health complications, they are excluded from this. But what about rape victims. Will rapists have a legal right to tell women not to have an abortion, according to this law? Well, let’s find out who is liable for the next portion of this bill.
(c) The following individuals are excluded from liability under this subchapter: abortion;
(1) A woman who receives or attempts to receive a dismemberment
(2) A nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but acts at the direction of a physician; and
(3) A pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in a dismemberment abortion to the physician or at the direction of the physician.
(d) This subchapter does not prohibit an abortion by any other method for any reason, including rape or incest.
Look at (d) a woman can get any other kind of abortion, and specifically, it doesn’t prevent an abortion for the reasons of rape and incest. This shows the ACLU is completely lying. Women can get an abortion in Arkansas if they are raped, no questions asked. Anybody who says otherwise, any new story that says otherwise is lying to you and is completely fake news.
Now, let’s see how this law protects men’s parental rights as a father.
20-16-1804. Civil remedies — Attorney’s fees.
(a)(1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:
(A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;
(B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or
(C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.
(2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.
Now, here’s the part that the ACLU doesn’t really like. Any spouse, parent, or legal guardian has rights in this law to prevent a woman having this kind of abortion. And because it doesn’t specifically say – that if one of those raped the woman. They are saying, people involved in incest and rape have legal power because of this law, and so I checked a little more to see if they are right.
As a men’s rights advocate, I am applauding this.
For the longest time, if a woman wants to get an abortion, but her partner wants to be a father, she had the power. In Arkansas, they are giving him the ability to place an injunction against this. This isn’t about rapists at all, this is about trying to take away rights from men because this law gives up the right to say, if you don’t want to take care of the child, I will!
So, does a rapist have the ability to prevent a woman from having even that kind of abortion?
(2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff.
Geez, what is the only criminal activity in which a plaintiff can cause a pregnancy? I guess a rapist doesn’t have much of a legal leg to stand on. He can’t sue or do anything if a woman who is raped decides to have an abortion. She doesn’t have to ask permission to have an abortion because he can’t say no to it. He doesn’t have the ability to say – no bitch, you must have my child. . .
It even gets worse for a rapist.
(2) If judgment is rendered in favor of the defendant and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney’s fee in favor of the defendant against the plaintiff.
(3) A reasonable attorney’s fee shall not be assessed against the woman who received a dismemberment abortion.
What court in the world is going to not think a rapist suing a woman who got an abortion using this law isn’t bad faith? Can you think of one? Everybody and I mean everybody would be demanding that Judge being disbarred if he or she decided with a rapist.
And the rapist would have to pay for the woman’s legal fees, without any limit. I’d say he would be pretty screwed by this law. But the ACLU is saying otherwise. Any and all coverage of this bill is just fake news. If it sounds too horrible to be true, it is guys.
Stay sceptical, and let’s fight for men’s rights by fighting for this law.