Reproductive Rights of Mentally Ill

[Ma.TC]

Texas
A mentally ill woman was coerced into an abortion by her boyfriend. He and all of her friends/family know that she adamantly opposes abortion, and she made statements while of sound mind (while under treatment for her illness) that she wished to keep any child concieved with this boyfriend specifically. He also "promised" to respect her wishes and "help" raise the child.

He was the only person who was both aware that she was pregnant and was aware that a doctor declared that she was mentally incapacitated, (more specifically incapable of making rational decisions). He stayed with the woman throughout the procedure, preventing her from leaving or being alone with the doctor. He also made her take a sedative called Klonopin, telling her that if she cried they would not give her the abortion, and that the sedative would keep her calm so that she could not "back out"

The boyfriend is a practicing attorney and law school professor who boasts civil rights as one of his specialties. Additionally he used threats of legal action as a form of this coercion and additionally used these "threats" as means to intimidate the woman and her mother.

Lastly she has incurred well over $13,000 in expenses due to physical complications of the abortions. She has also unable to work or function normally due to the "psychotic break" which occured as a direct result of the pregnancy and unwanted abortion.
This occured in Texas, have any laws been violated?What is the name of your state (only U.S. law)?

 

[Zigner]

Texas
A mentally ill woman was coerced into an abortion by her boyfriend. He and all of her friends/family know that she adamantly opposes abortion, and she made statements while of sound mind (while under treatment for her illness) that she wished to keep any child concieved with this boyfriend specifically. He also "promised" to respect her wishes and "help" raise the child.

He was the only person who was both aware that she was pregnant and was aware that a doctor declared that she was mentally incapacitated, (more specifically incapable of making rational decisions). He stayed with the woman throughout the procedure, preventing her from leaving or being alone with the doctor. He also made her take a sedative called Klonopin, telling her that if she cried they would not give her the abortion, and that the sedative would keep her calm so that she could not "back out"

The boyfriend is a practicing attorney and law school professor who boasts civil rights as one of his specialties. Additionally he used threats of legal action as a form of this coercion and additionally used these "threats" as means to intimidate the woman and her mother.

Lastly she has incurred well over $13,000 in expenses due to physical complications of the abortions. She has also unable to work or function normally due to the "psychotic break" which occured as a direct result of the pregnancy and unwanted abortion.
This occured in Texas, have any laws been violated?What is the name of your state (only U.S. law)?

You state that teh "psychotic break" occurred as a "...direct result of the pregnancy and unwanted abortion." (emphasis added)

As such, she WAS of legally sound mind prior to the procedure.

 

[xylene]

He was the only person who was both aware that she was pregnant and was aware that a doctor declared that she was mentally incapacitated

Then how do YOU know the true facts?

Having an abortion when incapacitated sounds like a very rational choice.

 

[Ma.TC]

Clarification:
The woman has Bipolar Disorder and Generalized Anxiety Disorder, both of which have enabled her to function normally. She discontinued the medication specifically because she knew she was pregnant and did not want the medication to harm the baby. After she went off her medication she began having symptoms of the illness.

Her psychiatrist saw her less than a week before the abortion, with the boyfriend present, giving strict and specific instructions to her boyfriend that she was fully out of remission and should be monitered carefully as her judgement and ability to care for herself were impaired.

She signed the consent forms under the influence of a sedative, and impaired judgement. The abortion has hindered her ability to stabilize the Bipolar Disorder. Even if you dismiss the fact that the abortion has impaired her ability to recover mentally, there is significant evidence that she was acting irrationaly up to and after the abortion.

The boyfriend prevented her from leaving the room or speaking with anyone alone, before signing the consent form. Even though as she begged him not to make her have the abortion. If nothing else, isn't this a violation of FACE, she was prevented from leaving the facility by the boyfriend.

 

[Zigner]

So she was NOT declared legally incompetent. It's done.

 

[xylene]

Clarification:
The woman has Bipolar Disorder and Generalized Anxiety Disorder, both of which have enabled her to function normally. She discontinued the medication specifically because she knew she was pregnant and did not want the medication to harm the baby. After she went off her medication she began having symptoms of the illness.

Her psychiatrist saw her less than a week before the abortion, with the boyfriend present, giving strict and specific instructions to her boyfriend that she was fully out of remission and should be monitered carefully as her judgement and ability to care for herself were impaired.

She signed the consent forms under the influence of a sedative, and impaired judgement. The abortion has hindered her ability to stabilize the Bipolar Disorder. Even if you dismiss the fact that the abortion has impaired her ability to recover mentally, there is significant evidence that she was acting irrationaly up to and after the abortion.

The boyfriend prevented her from leaving the room or speaking with anyone alone, before signing the consent form. Even though as she begged him not to make her have the abortion. If nothing else, isn't this a violation of FACE, she was prevented from leaving the facility by the boyfriend.

Her normal medicine is a sedative... So taking a sedative would have cleared, not clouded her judgment.

You were not there.

She is displacing her own regret onto her boyfriend.

It is sad and hard to be bipolar.

If her dosage / type of medicine was to strong to take during pregnancy and her case bad that she can't manage without, she might not be able to have children. It is tough.

Having abortions is not wrong.

Abortion did not cause or worsen her bipolar. It is a brain disease.

Mental illness forces people to give up dreams and aspirations in the face of a medical reality.

She should consider using a non-hormonal permanent reversible contraceptive, an IUD until she can get better managed.

 

[Ma.TC]

Then how do YOU know the true facts?

Having an abortion when incapacitated sounds like a very rational choice.

This can be verified by her psychiatrist, he paid for that visit as well.

As for your OPINION that the abortion is a rational choice, it was NOT the man's choice to make.
The woman was ONLY incapacitated because she went off the medication in order to have a healthy baby. She has had two healthy, medication free pregnancies and fully anticapted another.

So I then ask, to what extent is it legal to force the mentally to undergo an unwanted procedure. Particularly a procedure that could have lasting repercussions, on the person physical and mental well being.

 

[Zigner]

This can be verified by her psychiatrist, he paid for that visit as well.

As for your OPINION that the abortion is a rational choice, it was NOT the man's choice to make.
The woman was ONLY incapacitated because she went off the medication in order to have a healthy baby. She has had two healthy, medication free pregnancies and fully anticapted another.

So I then ask, to what extent is it legal to force the mentally to undergo an unwanted procedure. Particularly a procedure that could have lasting repercussions, on the person physical and mental well being.

This person was NOT "forced" to have an abortion.

 

[BOR]

So I then ask, to what extent is it legal to force the mentally to undergo an unwanted procedure. Particularly a procedure that could have lasting repercussions, on the person physical and mental well being.

Was the charge of consexual sex negated in any way do to her condition?

If not, it may be an uphill legal battle to say she was forced to because she has a dimished capacity to reason?

 

[Ma.TC]

Was the charge of consexual sex negated in any way do to her condition?

If not, it may be an uphill legal battle to say she was forced to because she has a dimished capacity to reason?

No, she was dating the man, so it was their is no question of consent in that respect.

The diminished capacity was diagnosed by her regular psychiatrist only a few days before the abortion. Her friends can witness to her state of mind as well, as the fact that she believed that her boyfriend wanted the pregnancy as well.

It can take several months to stabilize a person with this disorder, depending on the severity of the relapse. Nearly all psychiatric medications take at least a month to begin to work fully.

 

[BOR]

Then you need the services of lawyer/medical team to TRY to determine if she was so of a state of mind that she was basically forced to, as you say, have the abortion when she had not the mental faculties to distinguish the difference, etc. Kind of like Mens Rea in criminal law, the culpable mental state to commit a crime. Here, did her capacity to understand interfere with her decision AND can it be shown by a preponderance, if in civil court, the father knew she was of such.

If he is an attorney, this area should be familiar with him, but I understand he is not a doctor though.

This is an important matter, so consult experts.

There is nothing wrong with researching yourself, as here, but, be advised, this may be a complicated legal matter, only a Professional can advise you.

 

[Zigner]

I have to ask...to what end?

 

[Ma.TC]

This person was NOT "forced" to have an abortion.

Coerced.
Threatening abandonement, threatening legal action, threatening to withhold support, all made to a mentally ill person in a vulnerable state. This, even if she were not mentally ill, is a form of domestic violence.

 

[Ma.TC]

Then you need the services of lawyer/medical team to TRY to determine if she was so of a state of mind that she was basically forced to, as you say, have the abortion when she had not the mental faculties to distinguish the difference, etc. Kind of like Mens Rea in criminal law, the culpable mental state to commit a crime. Here, did her capacity to understand interfere with her decision AND can it be shown by a preponderance, if in civil court, the father knew she was of such.

If he is an attorney, this area should be familiar with him, but I understand he is not a doctor though.

This is an important matter, so consult experts.

There is nothing wrong with researching yourself, as here, but, be advised, this may be a complicated legal matter, only a Professional can advise you.

Thank you, for the direction.
What type of lawyer would be best to consult.

 

[Zigner]

Coerced.
Threatening abandonement, threatening legal action, threatening to withhold support, all made to a mentally ill person in a vulnerable state. This, even if she were not mentally ill, is a form of domestic violence.

Her "state" is debatable.
And, if it's DV, it should be reported to the police.

Otherwise, I ask, to what end?