Georgia Law: Abortion Rights In Cases Of Rape

Abortion laws in the US vary from state to state, and Georgia is no exception. In 2019, Georgia passed the LIFE Act, a fetal heartbeat law that prohibits most abortions once a physician detects cardiac activity in the fetus, which is usually around the six-week mark of a pregnancy. While this law does make an exception for abortions in cases of rape or incest, it has been criticized for its lack of scientific basis and the short window it allows for women to seek an abortion.

What constitutes rape in Georgia law?

In Georgia, rape is defined as a man having “carnal knowledge” of “a female forcibly and against her will”. Carnal knowledge is defined as “penetration of the female sex organ (vagina) by the male sex organ (penis)”.

Rape can occur even between spouses, so the defendant cannot use the fact that he is married to the person accusing him of rape as a defense. Sexual offenses involving two men, or two women, that may otherwise be considered rape are charged as aggravated sodomy or sexual battery in Georgia.

In Georgia, anyone who has sexual intercourse with a person under the age of 16 can face charges for statutory rape. Consent is not a defense because, in the eyes of the law, a person under 16 can't legally consent to sex.

Sexual offenses with or without force or against another person's will, can still be prosecuted as a sexual assault or sexual battery.

What are the exceptions to Georgia's abortion ban?

Georgia's abortion laws are some of the strictest in the U.S. The state prohibits most abortions after embryonic cardiac-cell activity is detected, which is usually around the six-week mark of a pregnancy. However, there are a few exceptions to this ban.

Firstly, abortions are permitted in cases of medical emergency, where a physician determines that the procedure is necessary to prevent the death of the pregnant woman, or to prevent substantial and irreversible physical impairment of a major bodily function.

Secondly, abortions are allowed in cases of rape or incest, but only if a police report has been filed, and the probable gestational age of the fetus is 20 weeks or less.

Thirdly, abortions are permitted if a physician determines that the fetus has a profound and irremediable congenital or chromosomal anomaly that is incompatible with life after birth.

It is important to note that these exceptions have been criticised for being difficult to apply in practice, and for preventing physicians from practicing evidence-based medicine. Additionally, the abortion ban and its exceptions have been ruled unconstitutional by a state judge, but the ruling is expected to be appealed.

What are the penalties for unlawful abortion in Georgia?

Abortion in Georgia is a highly contested issue, with a history of changing laws and public opinion. The state currently permits abortions until the detection of a foetal heartbeat, which is usually around six weeks into a pregnancy. However, it is important to note that the heart is not fully formed by this stage. After this point, abortion is illegal unless specific exceptions are met. These include cases of medical emergency, medically futile pregnancies, and pregnancies resulting from rape or incest.

Regarding penalties for unlawful abortion, Georgia's legislation is stringent. A criminal abortion is punishable by imprisonment of one to ten years. Additionally, a partial-birth abortion can result in up to five years in prison and/or fines of up to $5,000. The state's laws also outline penalties for physicians who do not adhere to the specified procedures. Doctors who do not follow the exact protocols outlined in the Georgia Code can face charges of unprofessional medical conduct and may be subject to sanctions on their medical licenses.

The LIFE Act, also known as HB 481, is a "fetal heartbeat" law that prohibits most abortions after the detection of cardiac activity. Notably, this law does not include explicit protection for women who undergo unlawful abortions, which has raised concerns among reproductive rights advocates. They worry that local prosecutors may charge women who have had abortions to test the law's limits.

What is the process for reporting rape in Georgia?

If you are a victim of sexual abuse/assault and are aged 13 or older, you can contact Rape Response Inc. at (770) 503-7273. They can provide you with a range of services, including:

• Listening and helping you process the assault
• Informing you of your options with medical, law enforcement, and other agencies
• Providing crisis intervention
• Providing referral services to counsellors and other resources as needed
• Providing a referral for medical aftercare for a follow-up examination and screening for sexually transmitted infections
• Providing information on how to help a loved one who has been sexually assaulted
• Providing assistance in filing Victims’ Compensation forms

If you have experienced a sexual assault within the last five days, you can contact Rape Response at (770) 503-7273 to set up a Forensic Medical Exam. This will be conducted in a private exam room by a Sexual Assault Nurse Examiner, who will collect evidence, examine and document any injuries, and offer preventative treatment for possible pregnancy and sexually transmitted diseases.

If you are outside of the service area, you can call the crisis line and an advocate will help connect you to resources near you.

If the assault occurred more than five days ago, you can seek medical attention from your local health department or any other healthcare provider. You can also contact Rape Response for information on receiving free medical aftercare from local health departments.

If you want to report the crime to law enforcement, you may do so at any time. However, reporting the crime as soon as possible will strengthen the case. To report an assault, contact law enforcement in the county/jurisdiction where the assault took place. If you have questions about the reporting process, a Rape Response Advocate can provide information and help you understand your options.

The law enforcement officer will create a crime report and assign a tracking number to the crime. Reporting the assault as soon as possible may help a victim/survivor in relaying details that are still readily available. It is important to report the most accurate and comprehensive details, such as:

• Sequence of events
• Timeframe/length of events
• Words that were exchanged
• Physical assault/injury
• Bodily fluids seen or felt
• Grooming/premeditation behaviour by the perpetrator

The police interview may take several hours, depending on the circumstances of the case. Some questions may feel intrusive, and the officer will probably go over the details of the assault several times. It is the officer's job to get every detail down precisely to make the strongest possible case against the perpetrator.

In 2017, the Sexual Assault Kit Victim Notification Portal was created to assist survivors of sexual assault who believe their sexual assault kit may not have been previously tested. Survivors can visit notify.svrga.org to communicate their preferences regarding notification of reopened investigations and prosecutions.

What are the legal requirements for abortion providers in Georgia?

Abortion providers in Georgia must adhere to several legal requirements. Firstly, abortion is only legal until the detection of embryonic cardiac-cell activity, which typically occurs around five to six weeks after the last menstrual period. This "fetal heartbeat" law, known as the LIFE Act, was passed in 2019 and prohibits most abortions once cardiac activity is detected. The law includes exceptions for medical emergencies, medically futile pregnancies, and pregnancies resulting from rape or incest. In such cases, abortions are permitted up to 20 weeks into the pregnancy.

In terms of procedural requirements, Georgia's informed consent law mandates an in-person or phone consultation with a physician at least 24 hours before the abortion. During this consultation, the abortion provider must inform the patient about various aspects, including the medical risks associated with abortion and carrying a pregnancy to term, the probable gestational age of the fetus, the presence of a detectable fetal heartbeat, and the availability of medical assistance for prenatal care, childbirth, and maternal health. The patient must also be informed about the father's potential obligation to pay child support and how to access free ultrasound scans. If an ultrasound is performed, the patient has the right to review it and listen to the fetal heartbeat, if detectable.

Before an abortion can be carried out, the patient must sign and confirm that the abortion provider has complied with all the necessary requirements. Additionally, only licensed physicians are permitted to perform abortions in Georgia, and any abortion after the first trimester must take place in a licensed hospital, licensed ambulatory surgical center, or a licensed abortion facility.

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