Writings and observations

Rapist rights

It was caught also by Betsy Russell of the Spokesman-Review, but not noted widely, so we’ll note it here …

The legislation in question is Idaho Senate Bill 1148, aimed principally “to prohibit the abortion of an unborn child of twenty or more weeks postfertilization age.”

One of the provisions of the bill (section 18-508-1), not highlighted in the statement of purpose, says this: “Any woman upon whom an abortion has been performed in violation of the pain – capable unborn child protection act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages.” (emphasis added)

Senator Dan Schmidt, D-Moscow, had a question for the attorney general’s office: Does that mean a rapist could sue an abortion provider. The reply (in an informal but researched opinion): “Section 508(1) is unambiguous on this score and, as currently drafted, provides a private right of action to the biological father without exclusion. The answer to your question is therefore in the affirmative.”

Rapist rights in Idaho, protected by the Idaho Legislature. At least until or unless this bill, sponsored by six Republican senators and 10 Republican House members, is amended.

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