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Part 1 A 16 year old girl consulted a doctor because she was 3 months pregnant.

She requests the doctor to terminate the pregnancy.

Part 2 The doctor declined her request for an abortion. She continued the pregnancy and delivered a full term baby. She decided to dump the baby in a garbage can.

Methods of Abortion ~ Sanchsith Rajalingam < 12 Weeks


- At 8 weeks the child can turn, kick, and in general is active in the womb

Suction Aspiration - Done within the first 12 weeks - Cervix is quickly dilated, while mother is on anaesthesia - A suction curette (hollow tube with a knife-edged tip) is inserted into the womb and then connect to a very powerful vacuum via a tube. - This vacuum tears the fetus and placenta into small pieces which are sucked through the tube into a bottle and discarded Dilation and Curettage (D&C) - Similar to the suction aspiration method, however a hook shaped knife/curette is added; to cut the fetus into pieces - They are scraped and vacuumed out of the cervix

> 12 Weeks
- At 12 weeks the arteries and coronary vessels of the heart are present, and allow blood - 14 weeks: Muscles lengthen and become organized. The mother will soon start feeling the first flutters of the baby kicking and moving inside. -15 weeks: The fetus has an adult's taste buds and may be able to savor the mother's meals. - 16 weeks: Five and a half inches tall and only six ounces in weight, eyebrows, eyelashes and fine hair appear. The child can grasp with his hands, kick, or even somersault. - 18 weeks The fetus is now about 5 inches long. The child blinks, grasps, and moves her mouth. Hair grows on the head and body. 20 weeks: The child can hear and recognize mother's voice. Though still small and fragile, the baby is growing rapidly and could possibly survive if born at this stage. Fingernails and fingerprints appear. Sex organs are visible. Using an ultrasound device, the doctor can tell if the child is a girl or a boy. The one on the left is a baby girl.

Dilation and Evacuation (D&E) - Method is used from 12-18 weeks - Forceps are inserted into the womb; where the teeth of the forceps grasp the fetus and twist and tear the bones of the child - This is done repetitively until the fetus is dismembered, usually the spine must be snapped and the skull is to be crushed. This method is used up to 18 weeks' gestation. Instead of the loop-shaped knife used in D&C abortions, a pair of forceps is inserted into the womb to grasp part of the fetus. The teeth of the forceps twist and tear the bones of the unborn child. This process is repeated until the fetus is totally dismembered and removed. Usually the spine must be snapped and the skull crushed in order to remove them.

Salt Poisoning (Saline Injection): - Used after 16 weeks - A long needle with a salt solution is inserted into the mother's abdomen and into the sac - The fetus swallows the fluid and gets poisoned, this poison also helps to burn off the outer skin - The baby will die in about an hour, and in a day the mother will give birth to a dead or dying baby - Although, some babies have survived this method, so they are either left to die or given up for adoption

> 6 Months
Prostaglandin Chemical Abortion - This chemical causes the uterus to contract intensely, pushing the undeveloped baby out - The violent contractions kill the baby, however many do survive Hysterotomy or Caesarean Section - The abdomen is cut to enter the womb, such as in a Caesarean section, however the umbilical cord is cut whilst the baby is in the womb; cutting of its oxygen supply and allowing it to suffocate

> 30 Weeks
Partial-Birth Abortion

Five steps to a partial birth abortion: 1. Guided by ultrasound, the abortionist grabs the baby's legs with forceps. 2. The baby's leg is pulled out into the birth canal. 3. The abortionist delivers the baby's entire body, except for the head. 4. The abortionist jams scissors into the baby's skull. The scissors are then opened to enlarge the skull. 5. The scissors are removed and a suction catheter is inserted. The child's brains are sucked out, causing the skull to collapse. The dead baby is then removed.

References
-http://www.lifenews.com/2013/01/02/abortion-methods-and-abortion-procedures-used-tokill-unborn-babies/ -http://www.lifesitenews.com/abortiontypes/

Alternatives to baby dumping ~ Fikre Ilham


BABY HATCH Baby hatch was launched on 30 May 2010 in Petaling Jaya, Selangor.

It is built to rescue unwanted newborns, a place where mothers must be allowed to leave their babies without fear of prosecution so that these babies can be cared for.

Source: http://www.bharian.com.my/ | Illegitimate child left at the hatchet The hatch has a small door which opens to an incubator bed on which mother can place her baby.Once the door is closed, an alarm bell will alert the NGOs staff to the babys presence after the mother left. PLACES FOR TEENS & PREGNANT MOTHERS There are several places that give special services to married or unmarried teens who are pregnant, as well as rape victims. They will give special education to let them know on how to handle the situation in the future and to care for their babies. The existing place for these teens are Sekolah Harapan (click here), Baitul Ehsan, Baitul Islah.

Sources: 1. http://myrumbles.wordpress.com/2012/07/07/the-rise-of-baby-dumping-inmalaysia/ 2. http://www.lac.org.na/projects/grap/Pdf/BDfacts_FINAL_press.pdf 3. http://www.freemalaysiatoday.com/category/nation/2013/08/10/baby-hatch-82babies-so-far/

Legal Issues ~Evelyn Legal age for sex:


Age of consent for sexual activity vary from 14 to 18 in Asia. Malaysia: age for consent for sex is 16 for both sexes.

Law section 375: A man is said to commit rape, when he has sexual intercourse with a woman under the following circumstances:

Against her will Without her consent With her consent when that consent has been obtained by putting her in fear of death or hurt to herself or any other person or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception IV. With her consent when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is, or believes herself to be, lawfully married or to whom she would give consent V. with her consent when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent VI. with her consent, when that consent is obtained by using his position of authority over her or because of a professional relationship or other relationship of trust in relation to her VII. with or without her consent, when she is under 16 years of age Exception: Sexual intercourse by a man with his own wife in a marriage which is valid is not considered rape.

I. II. III.

rape shall be punished for a term which may extend to 20 years, and shall also be liable to whipping

Is abortion legal in Malaysia?


Abortion is illegal in Malaysia, but is permitted under the following circumstances: a) to save the womans life b) to protect the womans physical health c) to protect the womans mental health (mental health includes aspect: psychological distress suffered by a woman who has been raped)

The Penal Code 312 (Amendment) Act 1989:


Abortion is legal if a) a medical practitioner registered under Medical Act 1971 undertakes the procedure b) the practitioner is of the opinion, formed in good faith that: the continuance of the pregnancy would involve risk to the life of the pregnant woman , or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy is terminated.

Abortion in Islam:
In 2002, the national Fatwa Committee in Malaysia issued a fatwa (legal advisory under Syariah law): An abortion after 120 days gestation is considered murder unless the mothers life is in danger or theres fetal impairment.

Malaysia Penal Code section 317:


Section 317 provides for the punishment of an offence of parents or person responsible in taking care of a child under the age of 12 years who exposed and abandoned the child. The provision reads:

Exposure and abandonment of a child under twelve years by parent or person having care of it: Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.

Exposure literally means to put someone physically outside which may have a risk of facing danger where the person, in this context a child would not be receiving the necessary protection it needs due to its tender age and inability to defend himself.

If the child dies in consequence of the exposure or abandonment, the perpetrator may be charged for murder under section 300 , or culpable homicide under section 299 of the Penal Code, depending on the nature and circumstances of the case.

Women's rights arguments against abortion


Not all who support women's rights support abortion, and many of them are active in trying to promote practical solutions to the causes that drive women to abortion. Some join other pro-life advocates and say that the right to lifeshould always outweigh the right of an individual to equality or to control their own body. But others raise arguments that are specifically related to women's rights:

1. Life begins at conception a. b. Abortion is akin to murder which is illegal and immoral Childs right to life must be protected 2. Abortion is against God - against Christian bible teachings, also of other religions 3. Abortion does not free women .
allows society not to cater to women's needs. - what women need for equality is not free access to abortion but to be given what they need to survive financially and socially as mothers: inexpensive, readily available childcare a workplace or school that acknowledges the needs of mothers, o
e.g. providing flexible scheduling and maternity leave,

state support that helps to reintegrate a woman into the workforce

They say that if women couldn't have abortions so easily, governments would have to invest more money in supporting mothers. 2. Abortion sidesteps oppression of women Others oppose abortion because it provides a way of side-stepping other real issues that should be addressed. One writer put it like this: There are women who are raped and become pregnant; the problem is that they were raped, not that they are pregnant. There are women who are starving who become pregnant; the problem is that they are starving, not that they are pregnant.

There are women in abusive relationships who become pregnant; the problem is that they are in abusive relationships, not that they are pregnant. Megan Clancy

3. Abortion violates feminist principles


justice, non-violence and non-discrimination. We believe in a woman's right to control her body, and she deserves this right no matter where she lives, even if she's still living inside her mother's womb. Feminists for Life

4. Abortion is a male plot They argue that men see the risk of pregnancy as something that stops men having sex when they want it. If men are to achieve full sexual freedom (i.e. the freedom to have sex without responsibility) it is essential that abortion be freely available to backup contraception. This was one of the reasons that 19th century feminists opposed abortion: they regarded it as a way for men to have sex with women without having to take responsibility for any resulting children by getting the women to risk their lives in what were then dangerous operations in order to prevent the child being born.

http://www.bbc.co.uk/ethics/abortion/mother/against_1.shtml

ABORTION RISKS

1. Death - after abortion

Women who had abortions were 3.4 times more likely to commit suicide compared to women who had not been pregnant in the previous year and 6 times more likely to commit suicide than women who delivered.

Comparison of deaths from natural causes (excluding suicide, accidents, and violence) by pregnancy outcome compared to women not pregnant in the year prior to their death.

Death Rates in Finland During the First Year Following Abortion, Miscarriage, or Delivery Compared to an Age Adjusted Population of Women Who Had Not Had Not Been Pregnant in the Previous Year

risk of death increases with each abortion, 45% after one abortion, 114% after two abortions, and 192% after three or more abortions.

Mortality Rates in Denmark Relative to the Number of Abortions a Woman Has

2. Lower general heath survey of 1428 women


pregnancy loss esp. due to induced abortion - significantly associated with an overall lower health. Multiple abortions correlate to lower evaluation of present health. Miscarriage detrimental to health BUT abortion - greater correlation to poor health. The year following an abortion - women visited their family doctors 80% more for all reasons and 180% more for psychosocial reasons.

3. INCREASED RISK FOR CONTRIBUTING HEALTH RISK FACTORS: - Abortion significantly linked to behavioural changes - e.g. promiscuity, smoking, drug abuse, and eating disorders - contribute to increased risks of health problems. -e.g. promiscuity and abortion - linked to increased rates of PID* and ectopic pregnancies - promiscuity - reaction to post- abortion trauma or loss of self esteem.

*PELVIC INFLAMMATORY DISEASE (PID):

- infection of the uterus (womb), fallopian tubes (tubes that carry eggs from the ovaries to the uterus) and other reproductive organs -symptoms - lower abdominal pain - serious complication of some STDs, esp. chlamydia and gonorrhea - PID can damage the fallopian tubes and tissues in and near the uterus and ovaries potentially life threatening - lead to increased risk of

ectopic pregnancy

o o o o

Pregnancy can't proceed normally. Fertilized egg can't survive, growing tissue might destroy various maternal structures. Left untreated, life-threatening blood loss possible. Early treatment can help preserve the chance for future healthy pregnancies.

reduced fertility Those with chlamydia infection (STD) at time of the abortion

o o o

23% will develop PID within 4 weeks 20 to 27% of patients seeking abortion have a chlamydia infection. 5% not infected by chlamydia develop PID within 4 weeks after a first trimester abortion

http://afterabortion.org/1999/abortion-risks-a-list-of-major-physical-complications-relatedto-abortion/

Women's rights arguments in favour of abortion


Here are some of the women's rights arguments in favour of abortion: women have a moral right to decide what to do with their bodies the right to abortion is vital for gender equality the right to abortion is vital for individual women to achieve their full potential banning abortion puts women at risk by forcing them to use illegal abortionists the right to abortion should be part of a portfolio ofpregnancy rights that enables women to make a truly free choice whether to end a pregnancy

Abortion affects women disproportionately

Abortion is an important element of women's rights because women are more affected by the abortion debate than men, both individually (if they are considering an abortion) and as a gender. Pregnancy has an enormous effect on the woman involved. As Sarah Weddington put it to the US Supreme Court in Roe v Wade: A pregnancy to a woman is perhaps one of the most determinative aspects of her life. It disrupts her body. It disrupts her education. It disrupts her employment. And it often disrupts her entire family life. Sarah Weddington in Roe v Wade And Mrs Weddington continued: And we feel that, because of the impact on the woman, this is a matter which is of such fundamental and basic concern to the woman involved that she should be allowed to make the choice as to whether to continue or to terminate her pregnancy. Sarah Weddington in Roe v Wade And the philosopher Judith Jarvis Thomson wrote: ...a great deal turns for women on whether abortion is or is not available. If abortion rights are denied, then a constraint is imposed on women's freedom to act in a way that is of great importance to them, both for its own sake and for the sake of their achievement of equality; and if the constraint is imposed on the ground that the foetus has a right to life from the moment of conception, then it is imposed on a ground that neither reason nor the rest of morality requires women to accept, or even to give any weight at all. Judith Jarvis Thomson
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Bodily rights
Many people regard the right to control one's own body as a key moral right. If women are not allowed to abort an unwanted foetus they are deprived of this right. The simplest form of the women's rights argument in favour of abortion goes like this: a woman has the right to decide what she can and can't do with her body the foetus exists inside a woman's body a woman has the right to decide whether the foetus remains in her body therefore a pregnant woman has the right to abort the foetus The issue brings many ideas about human rights into brutally sharp focus. every human being has the right to own their own body

a foetus is part of a woman's body therefore that woman has the right to abort a foetus they are carrying The important US Supreme Court decision in Roe v Wade to some extent supported that view when it ruled that a woman's right to terminate her pregnancy came under the freedom of personal choice in family matters and was protected by the 14th Amendment of the US Constitution. This leads some people to claim is that it is unethical to ban abortion because doing so denies freedom of choice to women and forces 'the unwilling to bear the unwanted'. Opponents of this argument usually attack the idea that a foetus is 'part' of a woman's body. They argue that a foetus is not the same sort of thing as a leg or a liver: it is not just a part of a woman's body, but is (to some extent) a separate 'person' with its own right to life. A second objection to this argument is that people do not have the complete right to control their bodies. All people are subject to various restrictions on what they do with their bodies - and some of these restrictions (laws against suicide or euthanasia) are just as invasive.
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Childbearing, freedom and equality


The women's liberation movement sees abortion rights as vital for gender equality. They say that if a woman is not allowed to have an abortion she is not only forced to continue the pregnancy to birth but also expected by society to support and look after the resulting child for many years to come (unless she can get someone else to do so). They argue that only if women have the right to choose whether or not to have children can they achieve equality with men: men don't get pregnant, and so aren't restricted in the same way. Furthermore, they say, women's freedom and life choices are limited by bearing children, and the stereotypes, social customs, and oppressive duties that went with it. They also regard the right to control one's own body as a key moral right, and one that women could only achieve if they had were entitled to abort an unwanted foetus. No woman can call herself free until she can choose consciously whether she will or will not be a mother. Margaret Sanger, founder of Planned Parenthood In summary: women need free access to abortion in order to achieve full political, social, and economic equality with men women need the right to abortion in order to have the same freedoms as men

women need the right to abortion to have full rights over their own bodies (including the right to decide whether or not to carry a foetus to birth) - without this right they do not have the same moral status as men The US Supreme Court decision in Roe v Wade, which gave women a right to abortion (under certain conditions) is seen by many as having transformed the status of women in the USA. This landmark decision... not only protects rights of bodily integrity and autonomy, but has enabled millions of women to participate fully and equally in society. Kathryn Kolbert (1992)
Top http://www.bbc.co.uk/ethics/abortion/mother/against_1.shtml

Pros and cons of abortion + ethics of a doctor and patient confidentiality rights (Winnie) Should abortion be banned? YES 1. Abortion is a form of murder and demeans the value of human life. 2. Women who have abortions often suffer major psychological damage from the experience along with, in some cases, the father of the child. 3. The advances of genetic testing may prompt more abortions (to avoid having the non-ideal child). 4. Abortion exposes women to various health risks and the danger of losing fertility. 5. Abortion is against doctors' Hippocratic Oath. Every doctor must take this oath, which says "First, do no harm". It threatens the very fabric of the entire medical field if doctors start using their own personal philosophies on life to decide who should or shouldn't be harmed. Whether or not you think abortion should be allowed, it cannot be disputed that a doctor is harming a living organism. Killing a human being doesn't serve any higher medical purpose and is therefore a violation of the oath.

NO 1. "Back alley" abortions would increase if it were made illegal, leading to increased risk of young women dying or becoming sterile. These young women may not want to face the wrath of their parents, the embarrassment at school, or the lifetime responsibility of motherhood. If we criminalize abortion, many women will simply look for other ways eg starve themselves or seek unlicensed "back alley" abortions. 2. Giving up a child for adoption can be just as emotionally damaging as having an abortion. 3. Carrying and delivering a baby can be painful & dangerous to the mother, and a number of complications can develop. Weight gain, oedema, back pain, morning sickness, and constipation are among the common complaints. After delivery, postpartum depression & psychosis, stretch marks, varicose veins, and other problems may occur. During delivery, a number of complications can develop that could cause permanent harm or kill the mother.

Benefits of abortion 1. Rape Victims Being a victim of a rape attack can have many long-term negative effects. There can be a severe impact on ones mental health as the result of enduring a rape attack, often resulting in social awkwardness and anxiety. Many rape victims struggle with feelings of self blame, anger, distrust of men, depression, and even thoughts of committing suicide. There is also the chance that the victim will become pregnant. For someone who has just gone through a very emotionally, psychologically, and physically traumatic experience, the thought of being responsible for carrying, giving birth to,

and raising a child that resulted from the rape can be too overwhelming. The mother might resent and neglect the child that not only she didnt want, but also stands as a constant reminder of the rape she experienced. It often seems that the best plan of action would be to abort the fetus. Not only does this solution address the issues that the rape victim would struggle with in raising a child that she had no say in conceiving, but it also prevents the child from growing up in a potentially neglectful, hurtful, and loveless environment. One might argue that the rape victim could give the child for adoption; however she might also suffer mental trauma and excess physical strain due to carrying a child that resulted from a rape incident.

Disadvantages of abortion 1. The side effects associated with abortion can be physical and/or psychological in nature. It is very common for women who have had an abortion to later struggle with feelings of regret, shame, and depression about the decision they made. When it comes to the physical side effects, there have been cases where women women were left infertile. Studies have shown that women who had an abortion are much more likely to experience miscarriage, premature birth, and pregnancy/birthing complications later in life. Cervical complications and abnormal placenta development are also possible long-term side effects of an abortion.

Ethics of a healthcare professional and patient confidentiality rights The health care provider's duty of confidentiality becomes complicated when the interests of an adolescent's parents or guardian must be factored into the provider-patient relationship. The parents' financial responsibility for, and guiding role in, raising their children and the state's interest in protecting family autonomy are concerns the health care provider must respect. Health care providers must also balance parents' and minors' interests while keeping in mind laws that govern confidentiality and that mandate parental notification.

Parental notification laws contain a variety of standards for disclosure of information by health care providers. In some cases, the provider has discretion whether to notify the parent of a minor's treatment. A few states allow disclosure of medical information to parents or guardians without the consentand over the specific objection ofthe minor patient. By making a minor's health information available to the parent, the laws may discourage teens from seeking needed care. An adolescent with a sexually-transmitted disease, for instance, may forego treatment rather than risk a parent's embarrassment, disapproval, or violence.

The U.S. Supreme Court found that states may impose a parental consent requirement on minors seeking abortion so long as there is a "bypass" procedure available for minors who fear the consequences of seeking parental consent. In its ruling, the Court also recognized that some minors are sufficiently mature to make the decision to terminate a pregnancy. Utilizing the bypass procedure, the minor may petition a judge, or other responsible adult, to provide consent to the abortion procedure on her behalf.

Courts analyzing parental notification laws, therefore, require that the statutes contain bypass procedures allowing the adolescent to prove that an abortion is in her best interests and that parental notification would not be in her best interests. As discussed above, the vast majority of adolescents involve their parents in their lives and health, including abortion decisions. For some, however, mandatory parental involvement may encourage a teen's seeking unhealthy alternatives, such as home or "back alley" abortions.

CASES

Michael M. v. Superior Court of Sonoma County, 450 U.S. 464 (1981), was a United States Supreme Court case over the issue of gender bias in statutory rape laws. The petitioner argued that the statutory rape law discriminated based on gender and was unconstitutional. The court ruled otherwise. Sexual intercourse entails a higher risk for women than men. Thus, the court found the law just in targeting men as the only possible perpetrators of statutory rape.
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Background[edit]
In June 1978, Sharon, a sixteen-year-old female was spending time with her sister and three other males. One of the three males was seventeen-year-old Michael. Sharon and Michael left the group together and headed to a nearby park. The two began kissing, but eventually Sharon told Michael to stop. Michael did not stop, and he ordered Sharon to take off her clothes. When she refused, Michael hit her in the face until she submitted and the two had sexual intercourse. A charge of statutory rape was filed against Michael in the Court of Sonoma County, CA. In California, statutory rape is described as "an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female is under the age of 18 years." The language of the statute makes it so that only the male involved in the act can be found criminally liable, even if the act is consensual. Michael M. challenged the constitutionality of the law on the basis of Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause prevents the state from denying "any person within its jurisdiction the equal protection of the laws." He claimed that the law discriminated based on gender, denied him protection of the law, and therefore violated the Constitution. The case was brought before the Supreme Court in 1980.
[2] [3]

There was no charge of forcible rape (see controversies below)

Opinion of the court[edit]


Through intermediate scrutiny, the Court upheld the statute and its gender-based distinction because it helped to further an important state goal. It was a 5-4 vote upholding California's statute. However, the Justices who voted in the majority could not decide on a reason for their ruling, so the decision is considered a plurality.
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Justices Rehnquist, Burger, Stewart, and Powell voted with the majority and Justice Blackmun concurred in the judgment only. The main reasons behind their decision were that young females already faced a significant deterrent from engaging in sexual intercourse and that the statute furthered the state goal of preventing teenage pregnancy. In his written opinion, Justice Rehnquist said, "[t]he statute protects women from sexual intercourse and pregnancy at an age when the physical, emotional, and psychological consequences are particularly severe. Because virtually all of the significant harmful and identifiable consequences of teenage pregnancy fall on the female, a legislature acts well within its authority when it elects to punish only the participant who, by nature, suffers few of the consequences of his conduct." Because young women are faced with the risk of unwanted pregnancy when they engage in sexual intercourse, they already face a substantial deterrent and therefore don't necessarily need to be included in the law. The risks and consequences associated with teenage pregnancy are, according to the Court, enough of a discouragement to females. However, because males don't face the same physical, mental, and emotional risks associated with sex and teen pregnancy, "imposing criminal penalties on men was necessary to roughly equalize the deterrents on the sexes." The Court also said that because the statute helped to further a major goal of the state, it was constitutional and should be upheld. This form of judicial review is known as intermediate scrutiny. In order to pass an intermediate scrutiny test, "the challenged law must further an important government interest by means that are substantially related to that interest". According to Justice Rehnquist, the law aided in the prevention of teen pregnancy, which was a major goal of the state of California. In the trial, the state of California argued that, "the language of [the statutory rape law] and the policy and intent of the California legislature evinced in other legislation demonstrate that the prevention of pregnancy and the prevention of physical harm to female minors are the primary purposes underlying [the law]," This argument emphasizes how the gender bias found in California's statutory rape law aids in furthering the state's goal of preventing teenage pregnancy. The natural discouragements that females have in regards to sexual intercourse coupled with this statute and its singling out of males as the sole perpetrators together form a
[5] [6] [7] [8] [9]

significant deterrent keeping teens from engaging in sexual intercourse. The statute takes steps to avoid teenage pregnancy and therefore helps to advance the state's goals. It was because of these reasons that the Court upheld the law.

Dissenting opinion[edit]
Justices Brennan, White, Marshall, and Stevens dissented. The minority stated that the majority placed "too much emphasis on the desirability of achieving the State's asserted statutory goal prevention of teenage pregnancy - and not enough emphasis on the fundamental question of whether the sex-based discrimination in the California statute is substantially related to the achievement of that goal." The dissenters felt that Rehnquist's opinion emphasized the goal of the state without any regard to the means or to the actual question at hand. They questioned whether gender=neutral statutory rape law would actually be harmful to California's goal of lowering teen pregnancy rates, since no evidence that a gender-biased law would be beneficial was provided. Justice Brennan wrote, "[t]he burden is on the government to prove both the importance of its asserted objective and the substantial relationship between the classification and that objective. And the State cannot meet that burden without showing that a gender-neutral statute would be a less effective means of achieving that goal." Without any factual evidence or comparison, according to the dissenters it is difficult to tell whether a gender-biased statute actually lowers teen pregnancy rates.
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Brennan also cited that at the time of the trial, thirty-seven other states had adopted gender-neutral statutory rape laws. He hypothesized that gender-neutral laws might be a greater deterrent than nongender neutral laws because there would be "twice as many potential violators." Justice Stevens added that he thought there was no reason to not include a woman in the law because women are "capable of using [their] own judgment of whether or not to assume the risk of sexual intercourse".
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Significance[edit]
The Michael M. v. Superior Court of Sonoma County case upheld that gender biased statutory rape laws did not violate the Equal Protection Clause of the Fourteenth Amendment nor the Constitution. It demonstrated that laws can be applied differently to men and women and remain constitutional as long as the state can justify doing so.

Controversy Surrounding the Case[edit]


There is some controversy surrounding not the case or the issue itself, but rather the original charge Michael M. was faced with. Some critics of the case question why the defendant was charged with statutory rape and not with forcible rape. Because Michael exerted force on Sharon until she submitted to sex, some believe that, "[t]his is a case of forcible rape. But neither the California courts nor the Supreme Court saw it that way, and this was exactly what some feminists feared. Even though Sharon said no and was punched, this case was immediately charged with statutory rape." Justice Blackmun addressed these concerns: "I think...that it is only fair to point out that [Michael's] partner, Sharon, appears not to have been an unwilling participant in at least the initial stages of the intimacies that took place. [Michael] and Sharon's non-acquaintance...; their drinking; their withdrawal from others of the group; their foreplay, in which she willingly participated and seems to have encouraged; and the closeness of their ages are factors that should make this case an unattractive one to prosecute at all...especially as a felony and rather than as a misdemeanor . . . But the state has chosen to prosecute in that manner, and the facts, I reluctantly conclude, may fit the crime." Justice Blackmun felt that Michael shouldn't be charged with forcible rape because Sharon encouraged him before the attack. For many, this brings up the question of how many other cases of forcible rape have "slipped through the cracks" because they were charged as statutory rape instead.
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Stages of pregnancy: Steve Week 1-2: Dated from the 1st day of last period. First 2 weeks - Ovulation

Week 3: Zygote (fertilised egg) moves along fallopian tube towards the uterus Mass of more than 100 cells - Embryo once reaches to the uterus Implantation occurs

Week 4: Embryo develops within lining of uterus Endoderm (Inner layer) - breathing / digestive systems (lungs. stomach, gut, bladder) Mesoderm (middle layer) - heart / vascular system / musculoskeletal system Ectoderm (outer) - brain / nervous / eye / skin / nails Embryo surrounded by amniotic sac Develops into placenta Ensures nutrients/oxygen supply

Week 5: Beginning to think they are pregnant Babys nervous system developing Ectoderm develops Heart forms as a simple tube-like structure Some of own blood for circulation Connects up to become umbilical cord

Week 6: Tadpole-like Heart be seen beating on vaginal ultrasound scan arms/legs visible as small swellings (limb buds) Dimples on side of head - ears Thickenings - eyes

Week 7: Rapid brain growth Embryo has large forehead/eyes, ears develop limb buds - cartilage -> bones (legs, arms) arm buds flatten out -> hands Nerve cells continue to differentiate/multiply Brina/spinal cord takes shape

Week 8: Foetus Lengthening legs - not distinct yet Cartilage forming Still inside amniotic sac Chorionic villi - help placenta attached to uterus wall

Week 9: Face slow forms Mouth/tongue Tiny taste buds Eyes bigger with some colour pigment Hands/feet develop able to identify locations of fingers/toes (not separated yet) Major internal organs continue to develop

Week 10: Ear/ ear canal develop Able to identify upper lip/two nostrils Jawbones with all future milk teeth Heart fully forms (180/min) Small jerky movement under ultrasound scan

Week 11: Rapid foetus / placenta development Face bones form Eyelids closed -> not open for a few months Ear buds specify Head - 1/3 of its length Fingers/toes separate/fingernails

Week 12: Foetus fully forms All organs/muscles/limbs/bones in place Sex organs Skeleton made out of cartilage Growth/mature period from now onwards

Week 13: Ovaries/testes develop inside body Swelling between legs become - Genitals outside Unable to figure out sex of the foetus yet

Week 14: Foetus begins to swallow bits of amniotic fluid Kidneys process the fluid into urine

Week 15: Foetus starts to hear Muted sounds from outside Sound by digestive system/voice/heart Eyes become sensitive to light

Week 16: Face muscles become able to move Face expressions appear Cant control yet Nervous system develops for motor flex

Week 17-20: Rapid growth phase Face structures specify Eyebrows/eyelashes Able to move eyes/mouth - still shut eyelids Individual fingerprint

Skin of fingers forms Sensory/motor responses Movement Sound

Week 20: Skin convered with vernix (white, lipid substance) Known to protect skin from amniotic fluid

Week 21-24: Foetus growth outruns placenta growth Foetus covered with lanugo (fine, soft hair) May keep the foetus at optimum temperature (not known yet) Disappears before birth Develops pattern of sleeping/waking Lungs are not yet able to work properly Practice breathing movements Oxygen via placenta

Week 24: Foetus has a chance of survival at this stage Before - undeveloped lungs/vital organs Before week 24 = premature labour

Week 25-28: Vigorous response to touch/sound Eyelids open/blink Brain/lungs/digestive system still develop

Week 28: Heartbeat identifiable

Week 29-32: Rapid movement pattern Sucking reflex develops - sucks thumb/fingers Skin becomes less wrinkled/smoother Lanugo disappears Eyes able to focus Lungs develops rapidly Cephalic presentation - head pointing downwards

Week 33-36 Brain/nervous system fully develop Hardening bones (except cranial bones) Braxton Hicks contractions Practicing for contractions/labour Foetus is curled up/ legs bent up towards chest) Testicles begin to descent from abdomen into scrotum

Week 36: First breath

Able to suckle for feeds Digestive system ready for breast milk

Week 37: Full-term

GI contains meconium -> first feces after birth May include lanugo Ready to be born in next couple of weeks

Overdue (After 40 weeks)