Law and Order
Law and Order
Advertisement
"The Burden Of Our Choices"
SVU, Episode 21.04
Production number: 21004
First aired (US): 17 October 2019
First aired (UK): 24 December 2019
First aired (CAN): 17 October 2019
First aired (AUS): 13 February 2020
  th of 502 produced in SVU  
th of 502 released in SVU
  th of 1271 released in all  
SVU2104
Teleplay By
Julie Martin & Micharne Cloughley

Story By
Warren Leight & Julie Martin

Directed By
Martha Mitchell

Summary[]

Rollins clashes with the parents of a teenaged runaway. Meanwhile, the squad comes together for a special event.

Plot[]

In family court, James and Tammy try to prevent her from having an abortion, though Evangeline refuses to go back home and have the baby. Tammy tries to plead with her daughter but Evangeline angrily refuses and exposes her stepfather as the one who raped and impregnated her, much to the shock of those present.

Carisi leaves the court room, Graham sarcastically congratulates him on allowing Evangeline to have an abortion. Carisi then told Graham about how his own mother had to get an abortion, due to the baby suffering from an illness that would have killed it just after being born and how distraught both he and his mother had been as Catholics. Graham questions the relevance of the story, as Carisi admonished Graham for letting his anti-abortion crusade make him speak in favor of a pedophile who raped his own stepdaughter. He proceeds to storm off while leaving Graham contemplating his actions.

Benson is in her office before Rollins appears and tells her that the Ohio DA has charged James Miller with rape of a minor after the baby was confirmed to be his. Benson notes that was something Carisi was not let going to let go.

Rollins then asked to punch out early and Benson allows it. Sometime later, Rollins meets Evangeline and tells her that she is going to be there for her while the girl gets her abortion.

Cast[]

Main cast[]

Recurring cast[]

Guest cast[]

References[]

Quotes[]

Benson: A teen runaway from Jolene, Ohio? That's still Missing Persons.
Tamin: She's 13. I called her parents. They think that she was lured here by a boy, Isaac Franklin, 19, from their town.
Tutuola: Jolene sheriff says Isaac skipped out on a bench warrant for a statutory; different girl.
Benson: Okay, so track the boy down, call the parents back, and tell them that SVU is...
Tamin: Actually, they're here. Drove all night. They're in the waiting room.

Tammy Miller: Please tell us you found her. We prayed the whole way here.
Rollins: Her cell is off, but we're tracking her social media.
James Miller: Well, track his cell. Isaac, she followed him out here.
Benson: Follow? When did Isaac leave Ohio?
James Miller: About a month ago, after they caught him with a 15-year-old girl. They should've kept him in prison after that.
Rollins: Evangeline and Isaac are friends?
James Miller: Well, she's friends with his little sister, but that would not stop a boy like that.
Benson: Are you saying that they were involved?
Tammy Miller: Like a boyfriend? No, no. Evangeline can be emotional, but she takes her faith seriously.

Tamin: Going through this girl's social media, it's a mash-up of "Jesus is my boyfriend" songs and kitten videos.
Tutuola: Anything that puts her in New York?
Tamin: No, but I do have a lead on Isaac.
Tutuola: Look who made it to New York. That's a fresh tattoo. So all we gotta do is check out tattoo parlors.
Tamin: Already did. I started with parlor websites near Port Authority, East Village, Uptown, and I found this. Gretchen, artist-in-residence, In the Heights Tats.
Tutuola: Well, let's go.
Tamin: Just spoke to her. She knew where Isaac lives. Didn't ask why.
Tutuola: Good work.

Tutuola: Where's Evangeline?
Isaac Franklin: I don't know, I...
Tamin: Wrong answer, Isaac. We know she's in New York, and we know you're the only person here she knows.
Isaac Franklin: I didn't tell her to come.
Tutuola: When'd you see her? [seeing he's reluctant to say] I'm calling the Jolene sheriff. He has a warrant out for your arrest.
Isaac Franklin: What? For hooking up with my girlfriend?
Tamin: [taking out her handcuffs] So, Isaac, you can talk now or pray later. Turn around.
Isaac Franklin: She needed a place to crash, okay? I mean, she's friends with my kid sister, okay?
Tamin: Where is she now?
Isaac Franklin: I don't know. We... we got in kind of argument. She left.
Tutuola: Why'd she leave?
Isaac Franklin: She needed money. I told her she could crash here all she wants, but that's all I could do.
Tamin: And you have no idea where she is now?
Isaac Franklin: I loaned her my dog. I told her she could panhandle with Duke, by the... by the 99 cents pizza place.

Dr. Sloane: She's dehydrated. Suffering from exposure, exhaustion.
Benson: Is there any sign of physical abuse?
Dr. Sloane: Damned if I do, damned if I don't in these cases.
Benson: I know.
Dr. Sloane: If I report, I can't promise patient confidentiality.
Rollins: She's 13. A runaway.
Dr. Sloane: I know, so if I don't report, I'm breaking the law.
Benson: If there's anything that you feel comfortable telling us...
Dr. Sloane: The extent of vaginal scarring, given her age? She's been sexually active or abused for at least two years.
Rollins: Since she was 11?
Dr. Sloane: She's also 12 weeks pregnant.

Evangeline Miller: My mom and Jim are here in New York?
Benson: Well, they're worried about you.
Evangeline Miller: I didn't want them to find out.
Benson: Find out what, honey?
Rollins: That you're pregnant?
Evangeline Miller: Mm-hmm.
Rollins: We're worried about you, too. And if there's anything you want to tell us, your parents don't have to know.
Evangeline Miller: They can't know that I disobeyed God's word. And they can't know why I'm here in New York.
Benson: Okay, Evangeline, why... why are you here?
Evangeline Miller: To get an abortion.

Evangeline Miller: Next year, I'm supposed to go to high school. I don't want to drop out. I'm too young to have a baby.
Benson: That is completely your decision, Evangeline. Okay, we're just... we're just trying to sort this out.
Rollins: Now, can you tell us how you got pregnant?
Evangeline Miller: I turned my back on God. I didn't save myself for marriage.
Benson: So... so it was someone you know. Okay, well, we know that you came here to see Isaac.
Evangeline Miller: I wanted him to help me.
Benson: So was it Isaac?
Rollins: Just tell us what happened. It's gonna be okay.
Evangeline Miller: I didn't want to say no to him.
Rollins: Did he force you?
Evangeline Miller: He kept asking. He said he loved me, that it was our secret. That if I told anyone, my mom, things would be really bad. I should've told her, but I was just too afraid that she wouldn't believe me.
Rollins: None of this is your fault, honey.
Evangeline Miller: You can't tell my mom, or Jim, or Pastor Mark that I want an abortion. They would never allow it.

Carisi: [to Olivia] I was talking to my mom when these states passed the fetal heartbeat laws. She got a second sight for this kind of thing. She asked me, "What is gonna happen when some kid gets pregnant and comes to New York for an abortion?"
Benson: And what did you say?
Carisi: We're in uncharted waters.
Benson: Evangeline is here now, and New York has full reproductive rights for girls of any age.
Carisi: That is right. It's the girl's decision.
Rollins: Well, she's upset, but she definitely wants the abortion.
Tutuola: The parents are fundamentalists. Once they get here, they're gonna throw her in the car and take her home.
Carisi: She's 13?
Benson: She is.
Carisi: It's gonna be hard for a judge to deny parental custody.
Rollins: Even with evidence of sexual abuse? I mean, going back years.
Carisi: That's a different story. A family court prosecutor could argue that the parents knew or should've known about the abuse. That gets you neglect.
Tutuola: There may not be time for that. The Millers are on their way here now.
Benson: We're talking about a pregnant 13-year-old runaway. Carisi, can't we take emergency custody? I'm going to call ACS.
Carisi: She's also gonna need her own lawyer. I'll call Legal Aid.
Benson: And they're gonna just send someone who's handling 75 other cases. Look, I... I know someone who's very good with custody issues. So, Fin, in the meantime, find out from Isaac exactly what their relationship was and how much the parents knew.

Tammy Miller: An ongoing physical relationship? My little girl? No. It... it's not possible.
Benson: Actually, it is possible.
James Miller: Okay, well, did she say who it was?
Tammy Miller: It has to be Isaac. That's why she came here.
James Miller: Have you arrested him?
Tammy Miller: James, we have to talk to him. He's the father. He has to marry her.
James Miller: Right.
Benson: Mrs. Miller, your daughter didn't come here to be with Isaac.
Carisi: She came to New York because she doesn't want this pregnancy.
James Miller: What?
Tammy Miller: No! No, whatever happened, this baby is a gift from God.
James Miller: Wait, are you saying that she wants an abortion?
Carisi: Yes and in New York State, that is her right.

James Miller: We're taking Evangeline home right now.
Carisi: Listen, Mr. Miller, I'm sorry, but that's... that's not happening.
James Miller: Excuse me?
Tammy Miller: I don't understand.
Benson: I know that this is very difficult to hear, but as of now, Evangeline is in the custody of Child Protective Services.
Tammy Miller: What?
James Miller: You can't just take our daughter away from us. What about our rights?
Carisi: You'll appear before a family court judge. I can help you get a lawyer.
James Miller: Uh, our pastor was a lawyer before he was called by God. I know things are different here in New York, but our daughter is not killing her baby.

Trevor Langan: The Millers' main agenda is to force a 13-year-old rape victim to carry to term, to prevent her from exercising her right to choose.
Tammy Miller: Evie would never choose murder.
James Miller: I don't know who's gotten into her head, but this is not the daughter we raised.
Evangeline Miller: No, I can't go back home!
Tammy Miller: Evangeline!
Evangeline Miller: [points to James] I can't because he put this baby inside me!

Carisi: [to Olivia] That was Ms. Hadid. The Mercer County DA has promised to open up an investigation, but only after Evangeline goes back to Ohio for questioning.
Benson: So they're more worried about stopping the abortion then they are about stopping the abuse.
Carisi: I have to ask. You're sure it's him?
Benson: Carisi, if she wanted to blame the stepfather, she would've done that in the first place. This was the last thing that she wanted to reveal.

[after Evangeline accuses her stepfather of raping her]
Benson: Do you remember how old you were?
Evangeline: The day after my birthday. Eleven. He came into my room, sat on my bed... said I was becoming a woman.
Rollins: What did he do?
Evangeline: He took off my pajamas. At first, we'd just lay there. He said he loved me. That if I loved him, I'd do this. And then he touched me.
Rollins: Can... can you tell us more?
Evangeline: One night, he said I was ready. He put his thing in, and it hurt. I said no. That I was waiting 'til marriage. He said it didn't count, though, 'cause he was married to my mom, that we were family.
Benson: So, Evangeline, it's okay if you didn't, but did you tell your mom?
Evangeline: I tried once. She wouldn't listen. Jim got so mad. He said if Mama found out, he'd have to leave us.

Benson: So Mrs. Miller, the good news is... is that there is a way that we can get to the truth and you should know that Evangeline has now agreed to take a fetal DNA test.
Tammy Miller: That will hurt the baby.
Benson: No, these days, it's a simple test of the mother's blood.
Tammy Miller: Well, isn't that a miracle.
Benson: So if we could get your husband's DNA and if he is innocent...
Tammy Miller: Which he is.
Benson: Then it could very well exonerate him.
Tammy Miller: Of course it will, but we can wait until after the baby is born. I see you judging me, but however it happened, Evangeline is pregnant and I intend to meet my grandchild here in this world, not in heaven.
Benson: However it happened?

Evangeline Miller: Do you believe God makes mistakes?
Rollins: I don't know. I definitely know humans do.
Evangeline Miller: If God doesn't make mistakes, that means this baby is part of His plan.
Rollins: That may be, but we don't always know what His plan is.
Evangeline Miller: Can we pray together? [holds Rollins' hand] Dear Heavenly Father, thank you so much for sending Amanda to help me. Please help me figure out what I'm supposed to do.

Rollins: Evangeline may be confused. Her religious upbringing, it's just... it's a lot.
Benson: So she's changing her mind?
Rollins: No, she never wanted to have an abortion. She just wanted to be a kid, have a life. I should just take her to the clinic myself right now.
Benson: Amanda, you know that you can't do that.
Rollins: She kept quiet for years about being abused, and then she finally gets the courage to get on a bus and come to New York from Ohio? We can't let them take her back home, back to that abuse. Force her to have his baby?
Benson: We can't. It's not up to us. There's a court-ordered stay on the abortion.
Rollins: When I was 13, I remember being so angry all the time. I wanted to get the hell out of my house, to be free. Now I've got two little girls.
Benson: I know. I know that it's hard.
Rollins: No, it's just... I [sighs] I worry about them all the time.

Judge Roberta Martinez: I'm satisfied Evangeline understands the ramifications of her decision, and that this decision is hers alone.
Tammy Miller: She can't kill our grandbaby.
Judge Martinez: Mrs. Miller, I realize this is difficult, but your daughter has rights.
Forreston Graham: [entering] Your Honor! We demand an immediate cessation of these proceedings.
Judge Martinez: And you are?
Forreston Graham: Forreston Graham. Mercer County D.A.'s office. I'm here to protect the rights of the unborn baby Miller. I have a writ of habeas corpus, asserting that the State of New York is illegally holding Evangeline Miller. I also have arrest warrants for the detectives involved in this case.
Carisi: Well, on what charge? Dominick Carisi, Manhattan D.A.'s office.
Forreston Graham: I have an arrest warrant for you, too, and your boss. Anyone who facilitates the murder of this baby will be charged with causing fetal harm and conspiracy to commit murder, and is subject to immediate prosecution in the State of Ohio. Here's one for you, too, Judge. So whatever decision you were about to hand down, I'd think twice about making an irrevocable mistake.

Christian Garland: So we're taking on Ohio?
Benson: Oh, it's more like Ohio is taking on us, and, by the way, there's an arrest warrant for you too.
Christian Garland: I'm flattered.
Benson: The charge is conspiracy to commit murder if she has an abortion and they're serious.
Christian Garland: So am I. I'm a deacon at my church. I believe in the sanctity of life, but a 13-year-old girl forced to carry her rapist's baby? They want a fight, they're gonna get it.

Judge Karyn Blake: Let me get this straight, Mr. Graham: the State of Ohio has issued arrest warrants for New York City detectives, and you're asking this court to detain these detectives for transfer?
Forreston Graham: Yes. We ask that the officers immediately turn themselves in to the Mercer County D.A.'s office.
Vanessa Hadid: This is unprecedented. Your Honor, Ohio has no standing in this matter. It's a family court proceeding.
Forreston Graham: We see this as a criminal case. The girl made a premeditated decision. We have her computer searches for abortion providers in New York. The detectives, in willful disregard for the Ohio laws, are attempting to facilitate her access to abortion. According to the Ohio statute, they're accessories to murder.
Carisi: First of all, Your Honor, that law has not yet taken effect.
Forreston Graham: There's also the issue of fetal harm.
Vanessa Hadid: And we'd also argue the detectives are mandated to enforce New York law, which requires them to protect the lawful reproductive rights of a minor.
Forreston Graham: There's precedent for comity, respect for the laws of another state. We ask that New York give Ohio law the full faith and credit..
Carisi: And we'd argue that the D.A. from Mercer County's got it backwards. Ohio should give New York full faith and comity by respecting our choice to protect the rights of young women.
Vanessa Hadid: Simply put, Your Honor, you cannot expect a New York State court to hand over its New York City police officers for doing their jobs.
Forreston Graham: Yes, our motion is extreme. But what is happening here is pure evil. A modern-day genocide. When future generations look back on this, they will weep. There will be blood on all of your hands.

Forreston Graham: Hitler murdered 6 million Jews in the Holocaust. The United States, since Roe versus Wade, has killed 55 million babies. I intend to do everything in my power not to see that number rise by one more child.
Judge Blake: Mr. Graham, I'm denying Ohio's request for detainer.
Forreston Graham: In that case, Your Honor, we appeal. We intend to take this up to the Supreme Court, if necessary.
Judge Blake: And that's your right, Mr. Graham.

Evangeline Miller: The judge said Ohio was wrong. So I can get an abortion?
Rollins: Those are, uh, two separate cases. Mr. Langan will go back to family court. Listen, this judge is likely to rule in your favor. You just have to be patient a little bit longer.
Evangeline Miller: Everyone knows who I am. The Ohio girl.
Rollins: I'm sorry.
Evangeline Miller: My friends keep texting me, and Pastor Mark keeps e-mailing me, and that lawyer. They all say murder is never the right choice, that getting an abortion destroys two lives, and it's my obligation to show the world that I choose life.
Rollins: Evangeline, the rest of the world, that's not your responsibility.
Evangeline Miller: What's gonna happen to him?
Rollins: Your stepfather? [Evangeline nods] We don't know yet, but I do know you will never have to live with him again.
Evangeline Miller: My mom say that?
Rollins: That's also gonna take a little bit of time.

Carisi: Appeals court just refused to hear Ohio's case. Even some pro-life groups thought the charges were ridiculous.
Benson: Well, they are.
Tamin: So you guys aren't under arrest? What about the stay on the abortion?
Carisi: Family court didn't want to make a ruling until Ohio's arrest warrants have been dismissed. They're still deliberating.
Tamin: For how long? She's twelve weeks pregnant. Any day after the first trimester, it gets more complicated.
Benson: And that's part of Ohio's plan, is to run out the clock.
Tamin: I'm sorry, what century is this? All these old white men trying to control women's bodies? I mean, how far off are we from The Handmaid's Tale?
Benson: You grew up taking these rights for granted. My mother, there was a time when she considered abortion, and her only option was was back-alley. The bottom line is, if you have enough money, there's always a way, but it's these poor women, these girls in some states, they're gonna see deaths. That's where this is going.
Tamin: They think that's what we're going back to.
Carisi: Fundamentalists, Catholics, they see abortion as deaths.
Tamin: You're Catholic, right? Is that what you think?
Carisi: What I think is what I think, but if a woman is the victim of rape or incest...
Tamin: I hear that. And it sounds like you're saying that a woman has to be a victim in order to have control over her own body.
Carisi: That's not what he's saying.
Tamin: Good, because it's not a decision that should ever be made by a group of men or a prosecutor who's never had to make that choice.
Carisi: My job is to uphold that girl's rights, and that's what I'm doing. But I'm sorry, I don't see this as black and white. In my experience, no woman wants to have an abortion.
Benson: Okay.
Tamin: Fair enough. But these laws that are getting passed, they are not the answer.
Benson: No, they're not.
Carisi: [Benson's phone chimes] What?
Benson: Text from Rollins. Evangeline just threw herself down a flight of stairs.

Tammy Miller: [to Evangeline] I'll take the child. All you have to do is give birth. I'll raise the baby like your little brother or sister.
Evangeline Miller: What about Jim?
Tammy Miller: I'll talk to him. Whatever misunderstanding this was, we'll work it out.
Evangeline Miller: Misunderstanding? He raped me.
Tammy Miller: Who told you that? That language. You're putting words in her mouth.
Benson: Mrs. Miller, now is not the time.
Tammy Miller: [to Olivia] This is your fault. If you had just given her to us, let us take her back to Ohio, she would be fine. She never would've tried to kill her own child.
Evangeline Miller: No, Mama. I wasn't trying to kill the baby. I was trying to kill myself.

Tammy Miller: This is all my fault. Before Jim, with my first husband, um, Evangeline saw and heard things. He'd hit me, but what was worse is what he'd say. That Evangeline was gonna grow up to be a whore, just like her mother.
Benson: I'm sorry.
Tammy Miller: He's been dead five years. I can still see his face and hear his voice. Jim's not like that. He's kind. A good man. A single mother with a nine-year-old daughter? He adopted her. He... he adored her. H-He was always so affectionate with her.

Benson: Tammy, you heard your daughter. I didn't put those words in her mouth.
Tammy Miller: Even if the DNA shows that the baby is Jim's, it's unique DNA. It's created at conception. I mean, DNA that's never been on this earth before and never will be again. It's a miracle. I can never agree to an abortion.
Benson: That decision is out of your hands, but you do have a choice to make. You can believe your daughter and leave Jim, or you can choose Jim, and Evangeline will grow up in foster care until she's 18 years old.

Tammy Miller: [testifying in family court] I'm sorry for not protecting my daughter. What my husband did... God tells us to forgive, and I believe in His word. But I also believe my daughter. I hope that she can forgive me.

Hayley Brogan: The State requests remand to ACS for two weeks to ensure Evangeline has access to the medical care she needs.
Judge Martinez: So ordered. After clearance from her doctors, Evangeline will be returned to the custody of her mother on the condition she receive ongoing counseling, and that James Miller has been permanently removed from the home.
Trevor Langan: Your Honor, I'm in contact with Child Services in Ohio. If they find out that Tammy Miller has allowed any contact by James Miller with his stepdaughter, Evangeline will be removed from her mother's custody.
Judge Martinez: Is the Ohio D.A. going to prosecute Mr. Miller?
Carisi: That's unclear at this point, Your Honor.
Judge Martinez: I see. Good luck to you, Evangeline. I sincerely wish you all the best.

Forreston Graham: Well, Counselor, you destroyed a family, and helped ensure the murder of another innocent child.
Carisi: I believe in God, Mr. Graham. And I understand abortion causes a death.
Forreston Graham: Do you?
Carisi: My mother got pregnant when she was 45. This is after having four kids. An ultrasound showed that the the baby had a fetal heart defect. Even if she was able to carry to term, the doctor said the baby wasn't gonna live for more than a few days. My mother decided to terminate. She never told my father, he she told me. She said how much she loved that baby, but she didn't think it was fair. It wasn't fair to her other children, it wasn't fair to that kid. It was only gonna know pain. And then she cried for a week. I didn't know I didn't know what to say to her, but I do know that we both grieved.
Forreston Graham: Why are you telling me this counselor?
Carisi: Because we're not so different, you and me. And I can't imagine that you think it's right that a man who has so lost his way, has so abandon God, that he would rape his own stepdaughter should get away with that.

Rollins: The Mercer County D.A. confirmed through DNA that James Miller impregnated his stepdaughter. They charged him with 114 counts of rape of a child.
Benson: We knew that Carisi wasn't gonna let that go.
Rollins: No. Um, and it's, uh, Kat and Fin on the next shift. Do you mind if I punch out early?
Benson: Oh, of course, sure. Hey, take some family time.
Rollins: Thanks.

[at an abortion clinic]
Evangeline Miller: I'm scared.

Background Information and Notes[]

  • The song that plays in the open is "Trying" by Rachael Bawn.
  • In April of 2019 a new bill was signed into law in the state of Ohio making it unlawful to perform an abortion if a fetus' heartbeat can be detected, even in cases of pregnancy due to rape and/or incest. Fetal heartbeats can be detected as early as six weeks into gestation, on average they are detectable around eight weeks; however unless a problem is suspected most women aren't scheduled for their first ultrasound until 11-12 weeks.
  • The prosecutor from Ohio is referred to as being part of the office of the "District Attorney". However, in Ohio, the equivalent office is actually called a "County Prosecutor."
  • Forreston Graham cites the clause from the Declaration of Independence that mentions "...life, liberty and the pursuit of happiness..." as rights. The Declaration of Independence is not part of the body of US law; none of its provisions can be held as having the force of law and it is not valid to cite that document in a US court. Any lawyer should know this.
  • A deleted scene has Benson telling Rollins about a college pregnancy scare (which was first mentioned in the season 4 episode "Mercy"), and how she almost got an abortion (which Benson had hinted at in the season 20 episodes "Man Down" and "The Good Girl").[1]

Episode scene cards[]

1 2 3

Apartment of
Isaac Franklin
129 Dyckman Street
Monday, September 16

Mercy Hospital Pediatric Wing
365 West 32nd Street
Monday, September 16

Family Court
Part 44
Tuesday, September 17

4 5 6 7

Crosspoint House
461 West 46th Street
Tuesday, September 17

Mercy Hospital
365 West 32nd Street
Tuesday, September 17

Family Court
Part 44
Wednesday, September 18

Supreme Court
Part 52
Wednesday, September 18

8 9 10 11

All Saints Home
For Pregnant Youth
503 West 142nd Street
Wednesday, September 18

Mercy Hospital
365 West 32nd Street
Wednesday, September 18

Family Court
Part 44
Thursday, September 19

Morningside Women's
Health Clinic
527 West 120th Street
Friday, September 20

Footnotes[]

Previous episode:
"Down Low In Hell's Kitchen"
"The Burden Of Our Choices"
Law & Order: Special Victims Unit
Season 21
Next episode:
"At Midnight In Manhattan"
Seasons 1234567891011121314151617181920212223242526
Advertisement