Shortcuts

Connect with us on Facebook!
Subscribe.
[Feeds & Readers]
Follow us on Twitter!

Make us your home page!
Authors, sign in!

« Social Security: A Failure? A Negative Entitlement? | Main | The Work of the American Friends Service Committee »


Defining and Re-defining Rape

By Beth Boisvert
February 2, 2011

What constitutes rape, exactly? This question is being discussed, on some level, over the news pages and in the blogosphere because of a phrase included in Bill H.R. 3, also known as "No Taxpayer Funding for Abortion Act."

Sec. 309 reads:

‘TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING THE LIFE OF THE MOTHER.

‘The limitations established in sections 301, 302, 303, and 304 shall not apply to an abortion --
‘(1) if the pregnancy occurred because the pregnant female was the subject of an act of forcible rape or, if a minor, an act of incest; or
‘(2) in the case where the pregnant female suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the pregnant female in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (Emphasis mine).

Forcible rape. What does that imply?

Well, let's start with what I would consider to be a simple, standard definition of rape: sexual intercourse with a person without that person's consent.

Most often people do associate force with rape--in fact most dictionary definitions include that word. We hear the word and we think of someone (usually an adult woman) unsuccessfully trying to fight off an attacker.

But we know that rape can happen in other ways; we know that lack of consent can occur without physically fighting back. Sexual intercourse with anyone incapable of giving consent--due to chemical impairment by drugs or alcohol, mental ability, minor status, for example--is rape. Period. Therefore any pregnancy resulting from one of those situations would be covered under the exemptions for federal abortion funding provided for rape, incest, or to prevent the death of the mother.

This new amendment does not seem to abide by that definition. By adding the term "forcible," it seems to be taking away the simple "absence of consent" idea. Presumably, victims would have to somehow prove they were forced to engage in sexual intercourse.

While I have many problems with this wording (and, to be honest, the reasoning behind the amendment, but that's another story), my biggest concern would be for young adolescents. The wording seems to say that unless it's "forcible rape," minors could only receive federal funding for abortion in cases of incest. So if an 11-year-old doesn't put up a fight when her long-time non-family-member abuser has sexual intercourse with her, and she becomes pregnant, she doesn't qualify. If a 25-year-old has a relationship with a 13-year-old (that's a 7th or 8th grader) and she gets pregnant, she doesn't qualify. Neither of these girls, under current state laws, would be old enough to give consent, but if their health insurance doesn't cover abortion or they've got federally funded coverage, they have to stay pregnant and deal with the multitude of issues that accompany pregnancy, childbirth, and parenthood.

This bill has broad support among Republicans and conservative organizations, and broad opposition by pro-choice groups. There has been some chatter about editing and revising once it moves along through its process.

This bill, as currently worded, should not pass, but I'm not as concerned about the bill as I am for the greater societal ideology it represents. Rape does not have to be enacted by force. Rape victims should not have to prove they really didn't want it by proving they fought back. We should stop trying to re-define rape, and start working harder to stop it from happening at all.


Comments (3)

Diane Author Profile Page:

"Rape victims should not have to prove they really didn't want it by proving they fought back. We should stop trying to re-define rape, and start working harder to stop it from happening at all."

Right on! I guess some men just hate women and those men seem to be in charge right now. Thanks for bringing this issue to light.
Diane


Angelo Lopez Author Profile Page:

Thank you Beth for informing us on this. I didn't realize this is one of the latest trends in social conservative circles. It's a dangerous trend and it's good that people like you are speaking out against it, so it doesn't go under the radar.

Ken Poland Author Profile Page:

Angelo, it seems to me the conservative circle is bent upon survival of the fittest. And, in the case of sexual relations, the fittest means the weaker sex (sometimes in some relationships that is the male) is subject to the desires of the stronger.

Post your own comment

(To create links here or for style, you may wish to use HTML tags in your comments)


Our sponsors help us stay online to serve you. Thank you for doing your part! By using the specific links below to start any of your online shopping, you are making a tremendous difference. By using the links below, you are directly helping to support this community website:

Want to browse more blogs? Try our table of contents to find articles under specific topics or headings. Or you might find interesting entries by looking through the complete archives too. Stay around awhile. We're glad you're here.


Browse the Blogs!

You are here!

This page contains only one entry posted to Everyday Citizen on February 2, 2011 7:14 AM.

The blog post previous to it is titled "Social Security: A Failure? A Negative Entitlement?"

The post that follows this one is titled "The Work of the American Friends Service Committee"

Want to explore this site more?

Many more blog posts can be found on our Front Page or within our complete Archives.

Does a particular subject interest you?

You can easily search for blog posts under a specific topic by using our List of Categories.

Visit our friends!

Books You Might Like!

Notices & Policies

All of the Everyday Citizen authors are delighted you are here. We all hope that you come back often, leave us comments, and become an active part of our community. Welcome!

All of our contributing authors are credentialed by invitation only from the editor/publisher of EverydayCitizen.com. If you are visiting and are interested in writing here, please feel free to let us know.

For complete site policies, including privacy, see our Frequently Asked Questions. This site is designed, maintained, and owned by its publisher, Everyday Citizen Media. EverydayCitizen.com, The Everyday Citizen, everydaycitizens.com, and Everyday Citizen are trademarked names.

Each of the authors here retain their own copyrights for their original written works, original photographs and art works. Our authors also welcome and encourage readers to copy, reference or quote from the content of their blog postings, provided that the content reprints include obvious author or website attribution and/or links to their original postings, in accordance with this website's Creative Commons License.

Copyright, 2007-2011, All rights reserved, unless otherwise specified, first by each the respective authors of each of their own individual blogs and works, and then by the editor and publisher for any otherwise unreserved and all other content. Our editor primarily reviews blogs for spelling, grammar, punctuation and formatting and is not liable or responsible for the opinions expressed by individual authors. The opinions and accuracy of information in the individual blog posts on this site are the sole responsibility of each of the individual authors.