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Friday, June 20, 2008
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How Would a Rape Exception Work?

There is an interesting article in the Atlantic (the article itself is kind of old) on the state of abortion laws throughout the country.  It is written from the perspective of what would happen "The Day After Roe" was reversed.

One of the larger themes in the article is regarding which states have different types of exceptions to abortion bans.  One of the ones discussed is for rape.  The problem is, the article never really discusses how a rape exception would practically work.

If a woman could simply go into a doctor's office, say "I was raped and I want an abortion", and that's all it took... well then you might as well forget the ban at all... seriously... what would be the point?  Women who really wanted an abortion would simply say they were raped, whether they actually were or not, simply for the abortion.  It would be a useless ban.

In order for the ban to be effective at all, you'd have to have some sort of follow up.  But that raises all sorts of complications.  Would a rape investigation be required after the abortion, or would an investigation have to be started beforehand?  If afterwards, then you have complications with doctor-patient confidentiality.

If you force an investigation to occur afterwards, how long will it take?  Obviously the maximum time would be 9 months.  But would you really want a raped woman to have to wait until the 3rd trimester before allowing the abortion?  And for those who view 1st trimester abortion differently than 3rd trimester abortion, then you'd actually be encouraging late term abortions.

Would you simply require that there be some physical evidence of a rape, like tearing or bleeding?  How many women would self mutilate to pass the requirement?  And how many false rape accusations would we see as a result of unexpected pregnancies if the requirements were to strict?

So for those who know, can you describe the actual mechanism in place for this sort of exception?  What exactly are the mechanics?  Megan McArdle has a post talking about those who want to see absolutely no exceptions in this post here.

# Posted at 6:45 PM by Nick  |  Comment Feed Link 8 Comments  |  No Trackbacks

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Friday, June 20, 2008 8:01:59 PM (Central Daylight Time, UTC-05:00)
Of course a policy that says these decisions should be left up to women and their doctors--you know trusting women to make their own decisions--would do away with all this ugliness.
Friday, June 20, 2008 8:20:36 PM (Central Daylight Time, UTC-05:00)
In my original post I was planning on saying something along the lines of: "Of course, I'd like to keep this discussion outside the bounds of whether abortion should be legal or not. That's not the point. The point is if it were illegal, how would this work?" Then I thought to myself, "I don't need to say that, because smart people will get it." Whoops.
Friday, June 20, 2008 9:36:22 PM (Central Daylight Time, UTC-05:00)
Nice.

I suppose it was the line about self-mutiliation and false allegations of rape that got to me. A hallmark of the anti-choice movement is the belief that women just aren't stable enough to be trusted, and that's why laws are necessary to keep them under control.
Saturday, June 21, 2008 8:18:58 AM (Central Daylight Time, UTC-05:00)
Well let's take a step back here Michael. I'm not suggesting that they'd self mutilate because they have mental issues. I'm suggesting that if there was a ban on abortion with only one or two exceptions, that some women would go to extreme lengths in order to get a legal abortion. After all, it is the hallmark of the PRO-CHOICE movement that when abortion was banned, that women were desperate enough to use a coat hanger. You can't have it both ways. Either women are willing to go to extreme lengths to have an abortion, or they aren't. So which is it?
Sunday, June 22, 2008 1:32:10 PM (Central Daylight Time, UTC-05:00)
If I have to choose anything, I choose treating women like adults, and leaving their reproductive choices to up themselves, their families, and their doctors.
Sunday, June 22, 2008 9:18:46 PM (Central Daylight Time, UTC-05:00)
Of course, this is exactly the debate I DIDN'T want to have. But hell... if you want to do it... then fine. Let's be honest. There is really, truly, only ONE question around the abortion debate, and it has nothing to do with the mother. That question is quite simply, "When is a fetus a life?" That's it.
Monday, June 23, 2008 3:04:56 PM (Central Daylight Time, UTC-05:00)
Michael,

I think the question was a hypothetical one, and you managed to comment on the original post several times without opining on how a rape exception would be determined.

Instead you relate the "anti-choice" movement with the belief that women are not mentally stable? What does that have to do with anything?

I think a hallmark of an opinion which deserves zero respect is someone who resorts to name calling for those that disagree. I believe people that are anti-abortion refer to their stance as "pro-life" not "anti-abortion". Then again I guess I suppose I could refer to individuals of your ilk as "half-witted Commies", but you'd probably prefer to be called a liberal.
Ben
Monday, June 23, 2008 8:29:58 PM (Central Daylight Time, UTC-05:00)
Nick--I suppose a biologist, an ethicist, and an evangelical Christian would all have different answers to that question. However, the issue is whether they should get to decide the question for everyone, and then use the criminal justice system to impose criminal penalties on those who disagree.

Ben--I think there is a great deal of sexism inherent in the anti-Choice movement, including the belief that women are so unstable that they need to have their reproductive choices legislated for them. Also, I don't see that I called Nick any kind of name. And I happily identify myself as a liberal.
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