Tuesday, August 28, 2012

The House GOP's Plan to Redefine Rape

Mother Jones

Rape is only really rape if it involves force. So says the new House Republican majority as it now moves to change abortion law.

For years, federal laws restricting the use of government funds to pay for abortions have included exemptions for pregnancies resulting from rape or incest. (Another exemption covers pregnancies that could endanger the life of the woman.) But the "No Taxpayer Funding for Abortion Act," a bill with 173 mostly Republican co-sponsors that House Speaker John Boehner (R-Ohio) has dubbed a top priority in the new Congress, contains a provision that would rewrite the rules to limit drastically the definition of rape and incest in these cases.

With this legislation, which was introduced last week by Rep. Chris Smith (R-N.J.), Republicans propose that the rape exemption be limited to "forcible rape." This would rule out federal assistance for abortions in many rape cases, including instances of statutory rape, many of which are non-forcible. For example: If a 13-year-old girl is impregnated by a 24-year-old adult, she would no longer qualify to have Medicaid pay for an abortion. (Smith's spokesman did not respond to a call and an email requesting comment.) ...

Legitimate Rape: A Music Video ~ Taylor Ferrera sings a song in reaction to Todd Akin's recent comments regarding the impossibility of pregnancy resulting from rape.

"This bill takes us back to a time when just saying 'no' wasn't enough to qualify as rape," says Steph Sterling, a lawyer and senior adviser to the National Women's Law Center.

Laurie Levenson, a former assistant US attorney and expert on criminal law at Loyola Law School in Los Angeles, notes that the new bill's authors are "using language that's not particularly clear, and some people are going to lose protection." Other types of rapes that would no longer be covered by the exemption include rapes in which the woman was drugged or given excessive amounts of alcohol, rapes of women with limited mental capacity, and many date rapes.

"There are a lot of aspects of rape that are not included," Levenson says. As for the incest exception, the bill would only allow federally funded abortions if the woman is under 18.

The bill hasn't been carefully constructed, Levenson notes. The term "forcible rape" is not defined in the federal criminal code, and the bill's authors don't offer their own definition. In some states, there is no legal definition of "forcible rape," making it unclear whether any abortions would be covered by the rape exemption in those jurisdictions.

Read the full story @ Mother Jones

Read more: Todd Akin, Paul Ryan, and the GOP's latest push to redefine rape.

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