Abortion Court cases minors

Abortion, fetal tissue, and rape

The Washington Post today contains a story about the Spokane police serving the local Planned Parenthood with a warrant to obtain fetal tissue from an abortion obtained by a fifteen-year-old. The DNA sample taken from the tissue will be used to convict or exonerate a man who is accused of statutory rape and who has been identified has the father of the aborted child.

Use of DNA evidence obtained from fetal tissue is common in cases involving claims of rape. Carr v. State, 911 So.2d 589 (Miss.App.,2005) (fifteen year-old raped by 36-year-old), and People v. White, 211 A.D.2d 982, 621 N.Y.S.2d 728 (N.Y.A.D. 3 Dept.,1995) are two examples of this fact. In Commonwealth v. Sasville, 35 Mass.App.Ct. 15, 22-29, 616 N.E.2d 476 (1993) a rape case was dismissed because the prosecutor authorized destruction of fetal tissue that the Defendant claimed would have exonerated him.

In 2005, Kansas enacted a statute that requires abortion providers to preserve the fetal remains from any abortion performed on a girl under the age of fourteen and submit the tissue to law enforcement.

“Any physician who performs an abortion on a minor who was less than 14 years of age at the time of the abortion procedure shall preserve, in accordance with rules and regulations adopted by the attorney general pursuant to this section, fetal tissue extracted during such abortion. The physician shall submit such tissue to the Kansas bureau of investigation or to a laboratory designated by the director of the Kansas bureau of investigation.”

This sort of statute should exist in every state, especially in light of reports that some abortion providers refuse to report cases of statutory rape.

Teresa Collett

Teresa Stanton Collett is a professor at the University of St. Thomas School of Law in Minneapolis, Minnesota, where she teaches bioethics, property law, and constitutional law. A nationally prominent speaker and scholar, she is active in attempts to rebuild the Culture of Life and protect the institutions of marriage and family. She often represents groups of state legislators, the Catholic Medical Association, and the Christian Medical and Dental Association in appellate case related to medical-legal matters. She represented the governors of Minnesota and North Dakota before the U.S. Supreme Court as amici curiae regarding the effectiveness of those states’ parental involvement laws. She has served as special attorney general for Oklahoma and Kansas related to legislation designed to protect the well-being of minors and unborn children. She is an elected member of the American Law Institute and has testified before committees of the U.S. House of Representatives and U.S. Senate Committee on the Judiciary, Subcommittees on the Constitution, as well as numerous legislative committees in the states.