Florida Ordered to Seek Guardian for Rape Victim's
Fetus
Wednesday, May 14, 2003
ORLANDO, Fla. — Gov. Jeb Bush (search) ordered state lawyers Tuesday to seek the
appointment of a guardian for the 6-month-old fetus of a mentally disabled woman who
was raped, angering abortion rights advocates.
The 22-year-old woman has no family, is
too disabled to speak and cannot help
police find who raped and impregnated
her. Identification of her attacker has been
hampered because she is unable to
consent to a DNA test.
"Given the facts of this case, it is entirely
appropriate that an advocate be appointed
to represent the unborn child's best
interests in all decisions," Bush said
Tuesday in a statement.
The American Civil Liberties Union
(search), along with the National
Organization for Women and Center for
Reproductive Rights, filed a brief Tuesday
asking a court to deny the governor's
request. The brief claims such a judgment would go against precedent that a fetus is not
a person.
"He ought to be ashamed of himself," said Howard Simon, executive director of ACLU of
Florida. "That he would personally step in and take responsibility to coerce a
developmentally disabled rape victim to carry a pregnancy to term."
Bush's decision overrules child welfare officials who said such an appointment would be
illegal.
A local Department of Children & Families attorney, citing a state Supreme Court decision
that described a guardian for an unborn fetus as "clearly improper," said the state only
would seek to have a guardian appointed for the woman.
But DCF Secretary Jerry Regier said he agrees with the governor and has told the
department's Orlando office to seek two guardians. He said he had always been under
the belief that a guardian would also be appointed for the baby until reading news
accounts of the local office's decision.
"My first thought was we need to work on our communication because this is certainly an
issue that is somewhat unique," Regier said. "The governor's position and my position
has been made clear."
An anti-abortion rights group praised the governor's intervention.
"The unborn child is as deserving of protection as this mother is deserving as protection,"
said Lynda Bell, spokeswoman for Florida Right to Life (search). |
