Judge rules out abortion for severely retarded rape victim
By Associated Press
Published June 26, 2003
ORLANDO - A severely retarded rape victim who was thrust into an abortion debate when Gov. Jeb Bush said he wanted a guardian appointed for her fetus will be allowed to carry her pregnancy to term, a judge ordered Wednesday.
Circuit Judge Lawrence Kirkwood approved a medical plan for the woman, known as J.D.S. in court records, that allows for completion of the pregnancy. The plan was recommended by J.D.S.' court-appointed guardian, Patti Jarrell.
"It is the guardian's belief that completing the pregnancy/delivering the child is in J.D.S.'s best interest," Jarrell wrote in a report.
The 22-year-old woman, who has the mental abilities of a young child and had been living in a group home for 19 years, was transferred to another facility after her pregnancy was discovered. She has since been examined by doctors three times, most recently June 5, the guardian said.
The doctors found she was in good health and that her pregnancy was "unremarkable," Jarrell reported. Two sonograms indicate no obvious abnormalities, she said.
J.D.S. has been more responsive since doctors recently took her off some prescription medications, according to the medical report. Doctors didn't know what effect the medications were having on her fetus.
The case gained attention when Bush, who is an abortion opponent, said he believed a separate guardian should be named for the woman's fetus.
However, Kirkwood several times rejected such requests. "There is no basis in the statutes or case law for appointment of a guardian for a fetus," the judge wrote earlier this month.
Regarding Wednesday's order, "The governor is very pleased and he thought it was a compassionate and humane response," said Jacob DiPietre, a spokesman.
Identification of J.D.S.'s attacker has been hampered because the woman was unable to consent to a DNA test until Jarrell was appointed several weeks ago to speak for her on that and other issues.
Until the disabled woman's 18th birthday, the state Department of Children and Families served as her legal guardian. But after she turned 18, no one asked a court to rule her incompetent. Such a move would have allowed the appointment of a guardian to make critical decisions for her.
Jarrell also said in the report that she has received "unconfirmed information" that six weeks after delivery, DCF will no longer provide funding for J.D.S. to live in her current facility. She urged the judge not to let DCF put her back in a living situation similar to the one she was in when assaulted.
"That arguably contributed to J.D.S.'s current predicament," Jarrell wrote.
Bob Brooks, a DCF spokesman, said no decision has been made on J.D.S.'s long-term care.
