Week in Review
According to the left an unborn fetus is nothing but a lump of cells that can be vacuumed out of a uterus anytime during a pregnancy. It’s just no big deal. An abortion. Because ending a pregnancy is so trivial they can do them in abortion clinics that don’t meet the same certifications as hospitals or medical clinics. So it would follow that if ending a pregnancy is no big deal that it must be no big deal for the woman getting an abortion, right? Well, as it turns out it is a very big deal. Such a big deal that a man is going to jail for tricking his girlfriend into getting pregnant. A pregnancy she ended with a ‘no big deal’ abortion (see Man who sabotaged condoms guilty of sexual assault, top court rules by SEAN FINE posted 3/7/2014 on The Globe and Mail).
Men who sabotage condoms may turn an otherwise consensual act with a woman into sexual assault, and women who lie about using birth control have been left with some uncertainty about whether they, too, could face charges, under a Supreme Court ruling yesterday on deception before sex.
The court was unanimous that Craig Hutchinson of Nova Scotia was guilty of sexual assault for poking pin-sized holes in condoms because he hoped to keep his girlfriend from leaving him by getting her pregnant. His fraud carried such a risk of harm it nullified her consent, four of seven judges said. (She did become pregnant, but left him and had an abortion.) The risk to a woman who does not want to get pregnant is as serious in its way as the risk of HIV transmission from a partner who committed deception by failing to disclose their disease, the majority said.
“The concept of ‘harm’ does not encompass only bodily harm in the traditional sense of that term; it includes at least the sorts of profound changes in a woman’s body — changes that may be welcomed or changes that a woman may choose not to accept — resulting from pregnancy,” Chief Justice Beverley McLachlin and Justice Thomas Cromwell wrote, supported by Justice Marshall Rothstein and Justice Richard Wagner…
Peter Sankoff, a specialist in criminal law at the University of Alberta, said that psychological harm could in rare cases be a foundation for a future sexual assault claim by a man, say, whose condoms were sabotaged by a woman so she could have a baby. In a series of tweets, he said he knows many men who experienced an unwanted child, and as a result “spiralled downward” psychologically.
Others, including Michael Plaxton of the University of Saskatchewan law school, Sonia Lawrence of York University’s Osgoode Hall Law School, and Luke Craggs, the lawyer for Mr. Hutchinson, disagreed, saying the court would limit charges to cases where there was bodily harm.
“My preliminary view is that the decision seems to have been carefully written such that women who lie about birth control don’t have the same jeopardy,” Mr. Craggs said in an interview. Mr. Hutchinson was found guilty at his trial and sentenced to 18 months in jail, but had been free on bail awaiting the Supreme Court ruling.
So if a woman poked holes into a condom there would be no crime. Because it’s her body. Even though it will change the man’s life greatly if she tricked him into having a baby with her. For he must now provide financially for that child. So her deception is okay while his deception is not. So harm from deception is based on how the woman feels. If she wants a baby and tricks her boyfriend that’s okay. If she doesn’t want a baby and gets an abortion without telling her husband that’s okay, too. And whatever the man wants, does or says is wrong. Okay. Got it.
Impregnating a woman against her will is wrong. No one is going to argue in defense of that. But if that woman gets an abortion where is the harm? Unless abortions are a big deal. And are very traumatic to a woman. Or can cause some long-term health problems (say increase the incidence of breast cancer from interrupting the hormonal changes going on in her body). Or leave her with an emotional scar years later when she thinks about the child that she aborted. If these are real harms then wouldn’t all abortions be harmful? If so then there should be no abortions at all. And if a woman doesn’t want a child then she shouldn’t have sex. That would ensure no harm would ever befall a woman caused by an unwanted pregnancy. And she could never commit a potential crime by lying about being on the pill.
People used to be like that. Responsible. But providing free birth control and abortion on demand sure has changed that. And opened up women to all sorts of harm.