June
hearing set to determine raped Orlando woman's competency
By
Anthony Colarossi
Sentinel Staff Writer
May
16, 2003
Orange
Circuit Judge Lawrence Kirkwood set a hearing for early June to
determine the competency of a 22-year-old mentally disabled woman
who was raped and became pregnant more than five months ago while
living in a state-licensed group home.
Kirkwood's
decision to set the hearing next month further angered women's groups
who called the victim's situation an emergency that must be addressed
immediately.
"I'm
thoroughly confident that the pregnancy could be harming her,"
said Carla Josephson, president of the Orlando-area National Organization
for Women. "She doesn't deserve to have this pregnancy forced
on her. She did not ask to be raped."
Meanwhile,
a guardian seeking to represent the Orlando woman asserted in court
papers that the victim is in "imminent danger" and needs
a legal advocate.
While
investigators say there is no doubt the woman is incapacitated,
Kirkwood must determine that status legally before he can appoint
a guardian to help make decisions on her life and medical needs.
He
set the competency hearing for June 2 after a petition was filed
Thursday by Emelia Belford of Altamonte Springs, who wants to become
the woman's guardian.
Kirkwood
also appointed an examining committee, which includes at least two
doctors, to evaluate the woman. The panel has 15 days to issue a
report.
Belford
filed a request with the court to appoint her an "emergency
temporary guardian." Kirkwood is expected to decide that issue
soon.
According
to state law, the emergency temporary guardian may be appointed
-- without a competency hearing -- if "there appears to be
imminent danger that the physical or mental health or safety of
the person will be seriously impaired . . . unless immediate action
is taken."
Belford,
who has met with the woman, states in court documents that the victim
appears to be in "imminent danger." Belford, a professional
guardian, said the woman suffers severe mental retardation, cerebral
palsy, autism and seizure disorder.
"She
is in need of a guardian to determine her current health status
and the viability of the fetus," Belford said in another court
document.
Gov.
Jeb Bush is requesting guardianship for the woman's fetus as well,
a position that has sparked anger among women's-advocacy and abortion-rights
groups.
"This
is not a question about abortion," Bush said Thursday. "This
is a tragic case about a mom who cannot
make decisions for herself."
Tallahassee
bureau chief John Kennedy contributed to this report. Anthony Colarossi
can be reached at 407-420-6218 or acolarossi@orlandosentinel.com.
Copyright
© 2003, Orlando Sentinel
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