There is a highly disturbing case out of New York where a Hudson Valley anesthesiologist, Thomas Pfeiffer, 44, had been charged with strangulation, abortion and assault after he allegedly choked a woman and forced her to swallow a “morning after” pill after she told him she was pregnant. The abortion charge is relatively rare in criminal cases.
The police responded to a “no voice” 911 call from a home in the town of Rosendale, 60 miles south of Albany, and found the alleged victim. The case will obviously turn on the testimony of the woman and physical evidence of force. Pfeiffer could argue that the woman took the pill voluntarily and then regretted the decision. However, any anesthesiologist does not ordinarily proscribe morning after pills and the strangulation charge indicates evidence of force.
It is relatively rare to see the charge of an abortion felony. State law contains provisions for self-abortion as well as abortion by others. The New York code defines an “Abortional act” as
“an act committed upon or with respect to a female, whether by another person or by the female herself, whether she is pregnant or not, whether directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause a miscarriage of such female.”
The crime of abortion in the first degree depends on whether the fetus is over 24 weeks. Otherwise, the second degree offense applies:
A person is guilty of abortion in the second degree when he commits an abortional act upon a female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05. Abortion in the second degree is a class E felony. – See more at: http://codes.lp.findlaw.com/nycode/PEN/THREE/H/125/125.40#sthash.qThgV56o.dpuf
The woman could also bring tort actions for assault, battery, and the intentional infliction of emotional distress as well as possible false imprisonment (depending on how the facts are established).
what a piece of shi… this guy should be thrown out of the medical profession. Although he is probably typical of most doctors. In over their heads and dont want to admit it to themselves. So they act like schmucks to make up for their small ween… er brains.
Paul Schulte is probably right, lionize that pric… and give him doctor of the year. 39 million and counting, or maybe more. I heard a statistic the other day that said if blacks had not had abortions they would be around 30% of the population instead of just 13%. If true, that is simply staggering. Even if its only a few % points of difference it is still staggering.
Margret Sanger must be smiling in hell. The Klan were a bunch of pikers compared to her.
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He thought he was God, but found out he’s just dog.
I be anxious to know what hospital has this so-called physician as an anesthesiologist ? What Medical School is he a graduate of ? Where did he do his anesthesia residency ? People with these tendencies should not be treating or providing anesthesia – you can’t trust them
If you love abortion you love this story.
Lousy reporting, Professor. Morning after pill is effective up until 72 hours after conception. After that? Won’t work. Earliest pregnancy tests need six days after conception. It suggests the pill was RU 486. The distinction is important. Just ask a doctor.
I thought the morning after pill was not an abortifacient.
I imagine the NY medical board will summarily suspend his license.
Isaac:
She told him she was pregnant.
Terrible, shocking crime.
mertz72171 is correct.
moreover, this defendant may yet be charged with attempted abortion.
note: under new york law, the impossibility of the crime itself is no defense to “attempt.”
§ 110.00 Attempt to commit a crime.
A person is guilty of an attempt to commit a crime when, with intent
to commit a crime, he engages in conduct which tends to effect the
commission of such crime.
§ 110.10 Attempt to commit a crime; no defense.
If the conduct in which a person engages otherwise constitutes an
attempt to commit a crime pursuant to section 110.00, it is no defense
to a prosecution for such attempt that the crime charged to have been
attempted was, under the attendant circumstances, factually or legally
impossible of commission, if such crime could have been committed had
the attendant circumstances been as such person believed them to be.
@Schulte : Consider yourself “sluggized” and as least Dickhead of December and in the running of Dickhead of the Year!
Yet again, Paul finds a way to insult women in general, and specifically a particular blog commentator. Civility rule in action.
Equating a person committing assault and forcing someone to ingest a substance to Planned Parenthood is pretty damn tasteless.
Well….at least he didn’t kill her and then ask for community service.
http://jonathanturley.org/2014/12/02/do-you-think-i-can-get-some-kind-of-community-service-new-york-man-sentenced-for-killing-14-year-old-girlfriend-because-she-might-be-pregnant/
Inga – feminists should be lionizing this guy. Isn’t this abortion on demand? He demanded an abortion and he got it! Planned Parenthood should make him Doctor of the Year.
Issac, the law, which is quoted in the article, specifically states “whether she is pregnant or not”. If the female was forced to do something during the act itself, that would probably be rape on the part of the other party, and of course the woman would not be committing murder because killing sperm is not a miscarriage and because she was being forced to do it.
Olly, the 24 week thing only determines the degree of the crime. If there is not intent to cause a miscarriage there is not a crime (under this particular law.)
Inga, that’s the exact sort of thing this law covers.
What about the commission of abortion wihout the consent of the woman? Surely that’s not legal? Forced abortion?
“…with intent to cause a miscarriage of such female.”
Does “Intent” trump the 24 week requirement?
Wouldn’t she have to be pregnant in order for there to be an abortion? During the act if a woman is forced to use a sponge or other sperm killer, is she committing murder? Seems like a job for the Supreme Court.