Drugged, raped, and pregnant? Too bad. Republicans are pushing to limit rape and incest cases eligible for government abortion funding.
— By Nick Baumann
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.)
snip
There used to be a quasi-truce between the pro- and anti-choice forces on the issue of federal funding for abortion. Since 1976, federal law has prohibited the use of taxpayer dollars to pay for abortions except in the cases of rape, incest, and when the pregnancy endangers the life of the woman. But since last year, the anti-abortion side has become far more aggressive in challenging this compromise. They have been pushing to outlaw tax deductions for insurance plans that cover abortion, even if the abortion coverage is never used. The Smith bill represents a frontal attack on these long-standing exceptions.
"This bill takes us backwards to a time when just saying no wasn't enough to qualify as 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.
http://motherjones.com/politics/2011/01/republican-plan-redefine-rape-abortion