Rape, Abortion, And The Silencing Of Victims

The topic of rape and abortion law is a complex and sensitive issue that requires careful consideration. It is well-known that sexual violence has devastating impacts on victims, affecting every area of their lives. According to statistics, only a small percentage of rapes are reported to law enforcement, and the underreporting of this crime has led to limited data and understanding of its nature and extent. One of the primary reasons for this underreporting is shame, which is a common emotion experienced by victims of sexual assault. They may blame themselves, feel invaded and defiled, and struggle with a sense of powerlessness and humiliation. This sense of shame often prevents them from speaking up and seeking help.

Additionally, survivors of sexual assault face various fears and challenges when considering speaking out. They may fear retaliation or punishment from their perpetrator, blame from others, or a lack of support and belief. These fears are not unfounded, as there is a history of victim-blaming, with victims often asked why they didn't fight back, why they were drinking, or what they were wearing. This further discourages survivors from coming forward.

In the context of abortion law, the majority of countries allow abortion in cases of rape, recognizing the trauma and additional stress that carrying such a pregnancy would cause. However, law enforcement involvement is often required to document rape, which can be a barrier for survivors seeking abortion care, especially in states with restrictive abortion laws. The process of reporting and the subsequent scrutiny can be re-traumatizing, and the fear of not being believed or supported is very real.

The discussion around rape exceptions in abortion law highlights the ongoing struggle to support survivors of sexual violence and the need to address the underlying issues that prevent them from speaking up.

Fear of retaliation and disbelief from law enforcement

It is estimated that only 21% of sexual assaults are reported. Survivors are often afraid to report sexual violence to the police due to fear of retaliation and the belief that law enforcement would not do anything to help.

In the US, only four in ten rape victims report the crime to law enforcement. This is due in part to the fact that survivors fear they will not be believed or taken seriously by the police. This fear is not unfounded, as one in five reported sexual assaults are deemed baseless by police and coded as "unfounded."

In Canada, a study found that women who reported sexual assault to the police were met with insensitivity, blaming questions, lack of investigation, and lack of follow-up. The women in the study were hopeful that the police would help them and that justice would be served, but instead, they were faced with further trauma and a sense of being revictimized by the police.

In the US, the police are often seen as gatekeepers for justice in sexual assault cases, as they are responsible for investigating reports and presenting evidence to a prosecutor. However, research suggests that police officers often make decisions about the truthfulness of sexual assault reports before a thorough investigation has been conducted. This can lead to victim-blaming and a lack of investigative steps, ultimately decreasing the likelihood of a case proceeding to prosecution.

The negative response from law enforcement following a sexual assault disclosure can have a significant impact on survivors' mental health and well-being. It can lead to increased psychopathology, trauma, and adverse health outcomes. It can also contribute to secondary victimization, distrust in legal institutions, and a sense of helplessness and revictimization.

The decision to report sexual assault to law enforcement is a difficult one, and it is important to recognize the fears and concerns that survivors may have about coming forward. It is crucial that law enforcement agencies and officers receive adequate training on how to respond to and investigate sexual assault reports sensitively and effectively. This can help ensure that survivors feel believed and supported and that justice can be served.

Lack of access to abortion providers

Even in states with rape exceptions, there are very few abortion providers. In states with total abortion bans, few providers remain. In states with early gestational limits, providers may be unwilling to perform abortions in cases of rape or incest for fear of prosecution.

In Idaho, Mississippi, and North Dakota, clinics and abortion funds have advised patients to leave the state to obtain abortion care, as it is easier than attempting to receive care under the exception.

In West Virginia, a person who is pregnant as a result of rape or incest would have only 2.5 weeks to find a physician who is willing and able to provide an abortion, file a report of the assault to law enforcement, retrieve a copy of the report to provide to the physician, secure sufficient funding to pay for the abortion, and manage other logistical challenges such as arranging childcare and time off work.

In Mississippi, there is a significant shortage of obstetricians. In Tennessee, there are no clinics at all due to the state's ban.

In some states, there is a shortage of providers willing to deliver babies, let alone perform abortions.

Financial barriers

• Economic Costs of Rape: Rape and sexual violence have significant economic implications for victims, including short and long-term physical and mental healthcare expenses, property damage, and fees associated with the justice system. On average, the medical cost of rape within the first 30 days of treatment is substantial, with victims bearing a portion of the costs.
• Out-of-Pocket Health Costs: Victims often incur substantial out-of-pocket health costs, including inpatient and outpatient care, prescription drugs, and emergency contraception. These expenses can be a significant financial burden, especially for those without adequate insurance coverage.
• Lifetime Economic Burden: Rape imposes a substantial lifetime economic burden on victims, including healthcare costs, lost productivity, and criminal justice expenses. The estimated average lifetime cost per victim is in the five-figure range, indicating the long-term financial impact of rape.
• Crime Victims Compensation (CVC) Challenges: Obtaining financial assistance through CVC can be challenging for rape survivors. Eligibility requirements, such as reporting to the police and cooperating with investigations, can be difficult for victims, and only a small percentage of CVC funds go to victims of sexual assault.
• Limited Financial Resources: In the context of sexual assault abroad, victims may face financial barriers due to a lack of financial resources or proper medical insurance to cover hospital visits, prescriptions, and other necessary medical care. This is especially true for victims who are non-nationals, as they may have limited access to affordable and appropriate medical care in a foreign country.
• Financial Barriers to Abortion Access: In states with abortion bans and limited exceptions for rape, financial barriers can make it extremely difficult for victims to access abortion services. Travel expenses, including transportation and accommodation, can be significant, especially for minors who may not have the necessary funds or access to transportation.
• Shortage of Providers: Some states face a shortage of healthcare providers, including obstetricians, which can make it challenging for rape victims to find a provider willing to perform an abortion, even with an exception in place.

Confusion over eligibility for exemption

The Supreme Court's 2022 decision to revoke the constitutional right to abortion has resulted in abortion bans and restrictions across the United States. While some states have completely banned abortion, others have implemented restrictions, allowing abortion only in specific circumstances or when particular exceptions apply. One of the most widely discussed exceptions is for pregnancies resulting from rape or incest.

However, there is significant confusion and ambiguity surrounding these exceptions. Firstly, there is a lack of clarity around who qualifies for an exemption. In many states, victims of rape who seek an abortion are required to report the assault to law enforcement and provide a copy of the report to the physician before receiving care. This requirement has been criticised for delaying or denying access to abortion care, as law enforcement agencies may not release police reports until a case is closed. Additionally, survivors of sexual assault often face barriers to reporting, including fear of retaliation, stigma, and blame. As a result, it is estimated that only 21% of sexual assaults are reported.

Furthermore, the specific language used in the laws to describe the exceptions is often vague and unclear, leaving clinicians uncertain about what constitutes a "medical emergency" or "irreversible damage to a major bodily function." This ambiguity makes it challenging for doctors to determine when an abortion is legally justifiable and creates tension between their medical determinations and the legal requirements.

The eligibility criteria for exemptions also vary from state to state. For example, some states, like West Virginia, have gestational limits on their rape and incest exceptions, allowing abortions only up to a certain number of weeks after the last menstrual period. Other states, like Florida, Georgia, Idaho, Mississippi, and West Virginia, mandate that the sexual assault be reported to law enforcement before an abortion can be provided. These differing requirements create a patchwork of laws that further contribute to the confusion over eligibility for exemptions.

The confusion and complexity surrounding eligibility for exemptions have significant implications for individuals seeking abortions and the medical professionals providing care. The lack of clarity and consistency in the laws makes it challenging for individuals to understand their options and navigate the legal process. Additionally, medical professionals may feel uncertain about when they can legally provide abortion care, potentially leading to reluctance or fear of providing abortions, even in cases where exemptions apply.

The eligibility criteria for exemptions to abortion bans in the United States vary across states and are often the subject of ongoing legal challenges and amendments. The specific requirements, such as reporting to law enforcement and gestational limits, can create barriers to accessing abortion care and contribute to the confusion surrounding eligibility for exemptions.

Lack of support from the government

The lack of support from the government is evident in the restrictive abortion laws and policies that exist in many countries. These laws often do not make legal or public health sense and are based on outdated beliefs and values. The criminalization of abortion restricts women's access to safe and legal abortions, putting their lives and health at risk. The government's role in enforcing these restrictive laws contributes to the stigmatization and criminalization of abortion, deterring women from seeking safe abortions and pushing them towards unsafe alternatives.

In many countries, abortion laws are influenced by religious and moral beliefs, which often prioritize fetal life over the woman's health and well-being. These laws are often enforced by conservative political leaders and religious figures, creating a challenging environment for women seeking abortions. The government's involvement in restricting abortion access can also be seen in the underfunding of sexual and reproductive health services, further limiting women's options and increasing their reliance on unsafe methods.

The lack of support from the government is also reflected in the lack of comprehensive sex education and family planning programs. By not providing accurate and unbiased information about sexual health, contraception, and abortion, the government contributes to the stigmatization and misinformation surrounding abortion. This lack of education can lead to unintended pregnancies and increase the demand for abortions, further highlighting the government's failure to address the issue comprehensively.

Furthermore, the government's role in enforcing restrictive abortion laws can also be seen in the prosecution and punishment of women who undergo abortions or seek unsafe alternatives. In some countries, women who have abortions or experience complications from unsafe procedures may face legal consequences, including imprisonment and fines. This further contributes to the stigmatization and deterrence of women seeking safe and legal abortions.

The government's lack of support for abortion rights is also evident in the lack of protection for abortion providers and healthcare professionals. In some countries, healthcare professionals who provide abortions or support women seeking abortions may face legal consequences, including criminal charges and loss of medical licenses. This creates a climate of fear and discourages healthcare professionals from providing abortion services, further limiting women's access to safe and legal abortions.

The government's failure to address the issue of abortion comprehensively and protect women's rights and health highlights a lack of support and prioritization of other interests over women's well-being. This lack of support has severe consequences, including increased maternal mortality and morbidity, psychological harm, and negative impacts on adolescents and marginalized communities.

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