HIV+ woman jailed to protect her fetus released on bail
An update on this story:
From the Bangor Daily News:
A pregnant, HIV-positive African woman will give birth in a Portland hospital rather than a federal prison after a U.S. District judge on Monday ordered that she be released on personal recognizance bail while her appeal to the 1st U.S. Circuit Court of Appeals is pending in Boston.U.S. District Judge John Woodcock last month sentenced Quinta Layin Tuleh, 28, of Cameroon to 238 days in prison -- twice as long as the recommended sentence of 114 days -- for having false documents.
The National Advocates for Pregnant Women has more about the case on their blog.
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Yet another example of the chipping away of the personhood of women by defining them as simply pregnant res extensa. Talk about legislating from the bench...
No kidding!
Says the learned judge..."I don’t think the transfer of HIV to an unborn child is a crime technically under the law."
Sooooo. I guess that means the principle of legality (nullum crimen/nulla poena sine lege) just doesn't apply once you're pregnant. They should put THAT on warning label for contraceptives.
The judge said that to ensure Tuleh received proper medical care through the birth of her child and to increase its chances of being born free of the HIV virus, which causes AIDS, he was sentencing her to remain in jail until two weeks past her due date. Woodcock also said he was concerned that Tuleh would be deported to Cameroon before giving birth if she were to be released earlier.
Its kind of funny reading the opinions on the linked pages. On one hand, had the judge gone with the shorter sentence, which would have actually been time served, there would be a big chance that she get deported. On the other hand, because the judge made her have a longer sentence, which has now been lessened, she may get to stay here for the birth of her child and will receive care paid for by the dwindling US budget.
Her housing, food, medicine and treatment would be paid for by state and federal programs, Putnam said. Tuleh would be assigned a case manager at the center and would be eligible to be visited two or three times a week by a public health nurse.
Interesting indeed.
Oddly enough, she might eventually be able to come to America legally; assuming a live birth, her child will be an American citizen.