"The performance of an unauthorized abortion, as alleged here, is not the type of sexual misconduct the ASA and similar revival statutes were designed to reach, even allowing for the fact, as alleged, that the provider made inappropriate comments to plaintiff while performing the procedure."
"Cucolo said she felt the court's reading of the state's penal law was reasonable, but that, because Murray alleged the physician made obscene comments about her body while carrying out the nonconsensual procedure, it could be argued the physician's conduct would've fallen under the portion of the statute that criminalizes touching a person's intimate parts for their own gratification."
"It could have potentially been a viable argument to say that this is sexualized conduct directed at an intimate body part during a moment of extreme vulnerability, without consent, maybe accompanied by coercion, since there was a claim that it was not a procedure that was wanted."
A New York appeals court ruled that unauthorized abortions do not qualify as sexual abuse under the state's Adult Survivors Act. The case involved Yolanda Murray, who claimed a Planned Parenthood physician performed an unwanted abortion in 1996 while making inappropriate comments. The court determined that such actions do not meet the definition of sexual misconduct as outlined in state penal law. Legal expert Heather Cucolo noted the ruling was the first of its kind and described it as unfortunate yet logical, suggesting that the physician's comments could be interpreted as sexualized conduct.
Read at www.amny.com
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