Sunday, April 03, 2005

Dear Kansas State Legislature:

Jessica from the Bush v Choice blog directed me to an article in the Wichita Eagle that indicated, as part of your plan to support Phil Kline in his zeal to investigate and file criminal charges in any case of child sexual assault, you have sent a piece of legislation to the desk of Gov. Kathleen Sebelius. According to this article, the new law would require clinics to preserve a sample from an aborted embryo/fetus to allow for DNA testing that would ostensibly assist in the prosecution of those who commit statutory rape of a female under the age of 14. I have to admit I find this to be a very interesting way to catch those who sexually abuse minors, but have a couple of logistical questions about the use of the samples in helping you make an arrest and your plans for prosecution:

  1. As child sexual abuse is a particularily heinous crime, I was wondering if you plan to ensure that police aggressively investigate these crimes, including asking all males with known contact with the mother to provide samples for comparison and/or obtain warrants to collect a DNA sample from a suspected rapist?
  2. How will the crime be adjudicated if the father is the same age as the girl (or younger), will she (also) be prosecuted for the crime of having sex with someone under the age of 14?
  3. What are your abilities to prosecute if the sex act did not take place in the state of Kansas?
  4. Do you currently take DNA samples from children born to females who were under the age of 14 at the time of conception?
According to state Attorney General, Phil Kline, his investigation into abortion clinics is not a "fishing expedition" related to his personal opinion that abortion should be banned, it is a legitimate inquiry necessary to identify and punish healthcare providers who do not comply with state child abuse reporting requirements and capture sexual predators who commit crimes against underaged females. I don't think you'll find any moral and law-abiding citien who thinks that those who commit crimes against children should not be captured and prosecuted to the fullest extent of the law. I think you'll also find that most of us expect that healthcare providers to be compliant with reporting requirements in known or legitimately suspected cases of domestic/sexual abuse. To this effect, I have a few more questions I'd like to ask:
  1. Does the state of Kansas currently conduct investigations of sexual abuse every time the state is notified that a female who is under the age of 14 (or was under the age 14 at the time of conception) gives birth or has a miscarriage? Do you prosecute all offenders in these cases?
  2. Does the state of Kansas currently prosecute all healthcare providers involved in pre-natal treatment of a girl under the age of 14 (or who was under the age of 14 at the time she was impregnanted) for failure to report sexual abuse if there is no documented evidence they reported the case to the authorities (or verified it had previously been reported)?
It seems quite unfair and a bit sexist to only investigate crimes of sexual abuse against females, are there plans for another law to require that a sample from all babies born and aborted embryos/fetus' be saved to be matched to a biological father to ensure he is not a victim of statutory rape?

I look forward to your reply.


Ol Cranky

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1 comment:

Anonymous said...

Great post, OC... this is one of the things that makes me grind my teeth at night so much I have to wear a mouthpiece. By the way, we're cool on Pope stuff. Like I said, I was no big fan either.

You have a great blog-if I wasn't so lazy, I'd have my own but I can bearly keep up reading the ones I like let alone writing one.

Jayne C (in NJ)