NM Late-Term Abortion Clinic Staff to Woman Posing as Minor Incest Victim: "Contact Medicaid" NOT Authorities

Priests for Life

Publication Date: May 22, 2017

ALBUQUERQUE - In a new undercover video released by Abortion Free New Mexico and Priests for Life, a minor posing as the victim of incest by an older family member is seeking a late-term abortion at 26 weeks of pregnancy. Instead of urging the sexual assault victim to contact the authorities – as require by law --  the abortion clinic staff gives the young girl a phone number to the New Mexico Medicaid office so that she can obtain the $7,500 procedure for free.

New Mexico Statute Section 30-10-3 provides that “Incest consists of knowingly intermarrying or having sexual intercourse with persons within the following degrees of consanguinity: parents and children including grandparents and grandchildren of every degree, brothers and sisters of the half as well as the whole blood, uncles and nieces, aunts and nephews.  Whoever commits incest is guilty of a third-degree felony. The New Mexico basic sentencing guidelines in Section 31-18-15 provides “for a third degree felony for a sexual offense against a child, six years imprisonment.”

Fr. Frank Pavone, National Director of Priests for Life, stated, "This latest undercover call continues to rip the veil off the abortion industry and show our nation what even most 'pro-choice' people oppose: Late-term abortion of healthy babies, paid for by taxpayers, and conducted by an industry that provides cover for sexual predators. What we need to know to end abortion is found in the abortion industry itself. We just need to continue exposing it, and we will."

In a previous undercover video Abortion Free New Mexico and Priests for Life exposed that New Mexico is the land of unrestricted abortion where any woman (or even a young girl) can obtain a late-term abortion into the third trimester of pregnancy for any reason. Minors who seek abortions are often being sexually abused by an older male -- even a family member can be the perpetrator. Providing these young girls with abortions does not stop the abuse they face; it merely covers it up and allows it to continue.

Currently New Mexico does not require parental involvement when a minor child seeks an abortion. There are, however, laws that require mandatory reporting to authorities if there is even the suspicion of sexual abuse of a minor.

Angelo Artuso, Senior Legal Counsel for Abortion Free New Mexico, issued the following statement, "Southwestern Women's Options (and any other abortion provider) has a duty to report possible incest regarding a 16-year old minor seeking an abortion. Under the mandatory reporting law (Section 32A-4-3A), physicians and nurses have a duty to report suspected child abuse. The law (Section 32A-4-2 I) provides that child abuse includes criminal sexual penetration, incestOR criminal sexual contact. Because incest is included as a separate category of sexual abuse, the ‘age of consent’ and the ‘Romeo and Juliet’ exceptions to ‘statutory rape’ do NOT apply. Failure to report suspected incest of a minor is a misdemeanor (Section 32A-4-3F) punishable by up to 364 days in the county jail or up to a $1,000 fine, or both."

Mandatory reporting is set forth in Section 32A-4-3 A which provides: Every person, including a licensed physician; a resident or intern examining, attending or treating a child; a law enforcement officer; a judge presiding during a proceeding; a registered nurse; a visiting nurse; a schoolteacher; a school official; a social worker acting in an official capacity; or a member of the clergy who has information that is not privileged as a matter of law, who knows or has a reasonable suspicion that a child is an abused or neglected child shall report the matter immediately to: 

  1. A local law enforcement agency;
  2. The department; or 
  3. Tribal law enforcement or social services agent for any Indian child residing in Indian country.

Furthermore, in New Mexico there is no physician-patient privilege not to report. Section 11-504 D(4) provides that No privilege shall apply for confidential communications concerning any material that a physician, psychotherapist, state or nationally licensed mental-health therapist, or patient as required by law to report to a public employee or public agency.”

"Pro-life sidewalk counselors have spoken to several minors over the past seven years outside of Southwestern Women's Options,” said Tara Shaver, spokeswoman for Abortion Free New Mexico. “Many of them came to New Mexico seeking abortions to evade their own states laws.

“The reality is that the New Mexico abortion cartel is more concerned about how much money they can make selling an abortion, especially lucrative late-term abortions, instead of adhering to the laws that where passed to protect minors from sexual abuse. We need enforcement of these laws in New Mexico and for our leaders to make sure that this illegal activity is fully investigated."

Abortion Free New Mexico and Priests for Life are working together to raise national awareness about late-term abortion. As part of this effort, the organizations are looking for people who identify themselves as "pro-choice" but who nevertheless support the protection of children in the womb in the later stages of pregnancy. Both pro-choice and pro-life people can fill out the survey at www.AbortionSurvey.org.



Priests for Life is the nation's largest Catholic pro-life organization dedicated to ending abortion and euthanasia. For more information, visit www.priestsforlife.org.

Priests for Life
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