How Would A Rape Exception Work? (Hint: It Wouldn’t)

[phantom power]

Question 1: What triggers the exception?

The point of the exceptions is that the legal availability of abortion is vastly reduced – there are to be no abortions except for these carve-outs. That means there needs to be some threshold before a woman falls into the exception. If the threshold is a mere allegation to a doctor, then it’s less an exception than just the reason any woman who wants an abortion will privately tell a doctor before obtaining it. For antis, it does have the benefit of creating a lot of false “accusations”, which further serves the purpose of delegitimizing rape accusers; but it results in a lot more abortions.

The more likely trigger will be that the woman in question needs to at least press formal charges against an alleged rapist, particularly given that doctors would likely be prosecuted for illegal abortions otherwise.

Question 2: When can a woman obtain an abortion under a rape exception?

Suppose a woman has pressed charges against a rapist. Is that enough to allow her to obtain an abortion under the rape exception?

...

If the woman has any right whatsoever to obtain the abortion, there has to be some cutoff where she can obtain it regardless of the legal outcome of the proceedings against the rapist.

Question 3: Does a rape exception violate due process for the accused rapist?

...

If an accused rapist is on trial, and an abortion for rape is allowed, then a determination critical to your guilt or innocence has already been made, potentially without full and fair process. If you admit you had sex, but contend it was consensual, the abortion is prima facie evidence that rape was committed. Accused rapists would have a strong constitutional case to block any abortion under the rape exception, unless they had somehow been convicted of or pled to the crime in less than six months.

http://www.rawstory.com/rs/2012/08/23/how-would-a-rape-exception-work-hint-it-wouldnt/#more-446461

[oregonMakr]

1. Of course it won't work

It's the fundamental problem with those that argue that abortion should be illegal.

If you truly believe the fetus is alive, then you can't make exceptions.
If you truly believe the fetus is a child of god, then you can't make exceptions.
If you truly believe the fetus is deserves rights, then you can't make exceptions.
If you truly believe the fetus is a citizen, then you can't make exceptions.

It's the crux of the problem for many Christians who believe that abortion is immoral and should be illegal.

Do you believe abortion should be illegal, and why?
If yes, any reason listed above: Do you believe a victim of rape should have the right to abort the resulting pregnancy?
If yes: Do you not think that fetus is <list previous reason>?

There is no logic to having exceptions for rape, incest, or whatever.

[drm604]

2. It strikes me that a rapist could use this as a defense.

"I didn't rape her, she just said that so that she could terminate the pregnancy."

The decision to terminate a pregnancy should be something between a woman and her doctor. The state has no business being involved.

Trying to legislate and carve out exceptions won't work. The issues surrounding this are too complex to legislate in any fair manner. Keep the state out of it!