ApacheAngel

Ramblings from Georgia

HB 14, HB 1, and why does Rep. Bobby Franklin hate women?

Posted by apacheangel on March 14, 2011

OK, firstly, I don’t think Representative Bobby Franklin (GA-43) hates women, but everyone in the mainstream media seems to think so. It infuriates me when people love or hate a bill, becomes impassioned and vocal about it, and don’t even know what it says. I don’t know if people aren’t reading the bills, don’t understand them, or are just plain dishonest, but I wanted to set the record straight on two bills.

This blog post prompted me to respond.  WARNING: Graphic content. This “Angry Black Lady” curses like a sailor. Wait, that’s unfair. I know sailors that use cleaner language.

Firstly, you can read the full text of HB 14 here.

The blogger in question seems to think that the honorable representative does not think a woman is a victim until a guilty verdict has been handed down. I would like to recommend that she read the bill.This bill is not saying that a woman who has been raped is not a victim; it is merely ensuring that the law remains impartial. By the law referring to a woman as a “victim” PRIOR to a conviction, it already assumes a crime. Just as the defendant is referred to as “the defendant” or “the accused,” the woman should be referred to (prior to conviction) as “the alleged victim” or “the accuser.” This is merely procedural law. It does not diminish a victim’s suffering or standing. It does, however, keep Justice blind, as she should be.

On to HB 1, which can be read here.

There is much to do about nothing in regard to this bill, as many in the media, even conservative talk show hosts (I’m talking to YOU Neal Boortz), have misrepresented this bill as a bill that will investigate/prosecute miscarriages. This bill ONLY provides for the prosecution of abortions. The only thing it provides for is essentially a report on the death of the infant in the event of a miscarriage (as is done for all deaths outside the womb).

Please get your facts straight, people.

On another note, HB 1 is the most pro-woman bill in the legislature this session. Abortion hurts women. It has been described as “medical rape.” It physically and emotionally injures women, and has inexplicably been allowed to continue, unchecked by the law, for nearly four decades. Unfortunately, this bill always dies in committee, but it is certainly the best pro-woman, pro-life bill in Georgia.

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3 Responses to “HB 14, HB 1, and why does Rep. Bobby Franklin hate women?”

  1. Bobby said

    Here is a statement that I provided several weeks ago to the Atlanta Journal-Constitution regarding HB 14. Is anyone surprised that I never was printed?

    “For the last several weeks I have been the object of withering criticism, and even physical threats, because of my sponsorship of House Bill 14.

    Ordinarily I do not respond to criticism because I view it as something that just comes with being in the political arena. However, in this instance I am going to address my critics very directly.

    I firmly believe that the first responsibility of civil government is to protect its citizens from crimes by making sure that justice is swift and certain and that the punishment meted out to convicted persons fits the crime.

    I also believe that civil government must guarantee due process of law and fair and impartial proceedings to those accused of crimes.

    I believe that sexually-based crimes are particularly evil. I believe that sex offenders and sexual predators must be severely punished. I am an advocate of capital punishment for rapists and child molesters.

    Therefore, it is absolutely ludicrous for anyone to accuse me of being indifferent or unsympathetic to the victims of such crimes. To the contrary, I believe that those who are violated must be treated with compassion, dignity, and respect.

    It was never my intention to suggest that a victim is not a victim. It was never my intention to intimate that those who file criminal complaints are making false accusations – though clearly some do, as in the infamous case involving members of the Duke University lacrosse team.

    In fact, it was never my intention to replace the word “victim” with the word “accuser” only in criminal cases of a sexual nature or that involve domestic violence. Actually I asked the Office of Legislative Counsel to draw up a bill that would amend the language in EVERY portion of the Georgia Code where the word “victim” was used prior to an adjudication of guilt.

    Why did I do so? Simply because, I believe strongly that we must protect and preserve the great historical legal premise of “innocent until proven guilty.” Thankfully, in American jurisprudence the burden of proof is not upon the defendant, but, rather, upon the state.

    Prosecuting attorneys are not permitted to refer to victims as victims during the course of the trial. The use of such language is highly prejudicial against the defendant.

    In the interest of justice and consistency, we should not allow language in the Code that is not permitted in the Courtroom. A victim is a victim from the moment the crime is committed. But the use of that term is not legally appropriate until the verdict of guilty has been rendered. The corollary is that the criminal is a criminal from the moment the crime is committed, but in the law may not be technically be referred to as such until the case is adjudicated and guilty verdict has been rendered.

    In retrospect, I should have done at least two things differently:

    1. Questioned the report of our Office of Legislative Counsel that the only places where the word “victim” is used and where “accuser” would be substituted is in Code sections dealing with sex crimes or cases of domestic violence.

    2. Put out a statement at the time the bill was filed that would have clarified my intent, rather than allowing others to attribute false motives to me.”

  2. Rain said

    I’m trying to be open minded but can someone please explain to me why all you guys want babies born in GA, but don’t want them fed after they are born? You don’t want babies aborted, but you won’t allow those babies mom’s to breastfeed them in public schools & public places after their birth? I’m not saying teachers & students should be breastfeeding in class, but how about a nIce private area where babies can be brought to their mothers to nurse? Not all women have good results with breastpumps & their milk production begins to dry up when they can’t nurse during the day. If you love babies so much why would you want to keep them from their Mother’s breastmilk? I don’t believe in abortion but I do believe in every baby’s right to human milk from it’s mother. I love babies so much I believe a baby’s right to nutrition trumps any discomfort or embarrassment a stranger my experiance watching an infant nurse. I don’t see women running around topless breastfeeding willy nilly. Often times you can tell if a baby is nursing or sleeping from a few feet away. Also, politician don’t have the training to be able to determine that all babies should be weaned by two years old. The World Health Organization disagrees with this cutoff & I’d be more inclined to listen to them then a group of politicians.

  3. Rain: no argument here, though I am unaware of any laws prohibiting breastfeeding.

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