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When is Rape Not Rape? When the GOP House Wants to Limit Your Right to Choose

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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 11:59 PM
Original message
When is Rape Not Rape? When the GOP House Wants to Limit Your Right to Choose
Pay close attention to the wording of the latest Republican assault on reproductive choice.

The bill, sponsored by Rep. Chris Smith (R-NJ) called HR 3 “No Taxpayer Finding for Abortion” goes a lot farther than the Hyde amendment. Under this new bill, if your health insurance covers abortion and you allow your insurer to pick up the tab—you can no longer write off your health care premiums. That means unless you had the forethought to buy special abortion insurance, you are out of luck. And how many women plan for an unplanned pregnancy?

Under HR 3, there is a medical exemption. However, your illness must be “physical” before the federal government will pay for it or will allow your insurer to pay for it. Here is the language.

(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.


This wording gives the director of the Department of Health and Human Services the option to deny abortion funding to poor women with mental illness by claiming that schizphrenia, depression and bipolar disorder are mental rather than physical. Never mind that each illness can be fatal if the sufferer decompensates---and that pregnancy can trigger a decompensation. Note that many people with serious mental health problems are on Medicaid. Note also that mental retardation would not be covered. If a 20 year old with the mind of a child becomes pregnant, the GOP Houses insists that she carry that child to term.

Of course, someone with severe mental retardation can not consent to sex. For her, sex is by definition “rape. Or rather, it used to be rape. HR 3 has a strange way of defing rape.

(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;


Here is one analysis of the bill:

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.)
Given that the bill also would forbid the use of tax benefits to pay for abortions, that 13-year-old’s parents wouldn’t be allowed to use money from a tax-exempt health savings account (HSA) to pay for the procedure. They also wouldn’t be able to deduct the cost of the abortion or the cost of any insurance that paid for it as a medical expense.

http://www.opencongress.org/articles/view/2183-Redefining-Rape

So, according to the Republican House (which has embraced HR3) statuatory rape is not really rape. If your 9 year old daughter is given drugs and then the three men who live next door have sex with her while she is unconscious, she was not raped. She just had sex---and if she gets pregnant, she has to live with the consequences. If your mentally retarded and institutionalized daugher is assaulted by an employee of her residential care facility, you will either need to scrape up the money for her abortion yourself—or stock up on Pampers, because chances are that she will not be able to testify that the sex was “forced”.

The phrase “forcible rape” is problematic. It could easily be interpretted to mean “rape which a woman has reported to the police as an assault.” In this case, women who do not report being raped---maybe because they are afraid that the assaillent will seek revenge upon them or their family---could be deemed ineligible for a tax payer funded abortion.

Back to the “physical disorder” exemption. Note that the woman must be in danger of death. She can not be in danger of being paraplegic or having her legs amputated or going into renal failure. Some doctor has to assert that she is going to die without an abortion. The doctors who do assert that she will die without an abortion in order to get the procedure covered are then at risk of being sanctioned by the government. Anti-choice medical auditors can “review” the case, claim that death was not eminent---and slap the doctor with a hefty fine or even with criminal charges. The result will be that physicians will tend to wait longer until recommending a pregnancy termination---and women will have more chance of suffering severe medical injury or death as a result.

One other exemption that is missing---abortion in the event of a nonviable pregnancy. Say your baby is anecephalic. It has no brain. It will not survive outside the womb. Under the Republican plan, the mother will have to carry that baby to term and then watch it die.

This is a very sneaky bill, because the GOP can claim that all they are doing is saving the taxpayers money. If the House passes it and the Senate rejects it, they can claim “Democrats want to give away free tax payer funded abortions.” Democrats need to educate the public about how medically irresponsible this bill is.

This has been installment four of "The Republican Congress Hates America."
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 12:05 AM
Response to Original message
1. "If a minor", an act of incest?
So an 18-year-old can get knocked up by her dirty old daddy -- and the repukes are cool with that?! :wtf:

A special :spank: to Chris Smith, who has actually stood up for what's right in the past, when the subject is autism. Nothing else. I guess if it affects his own family, he's allowed to give a flying crap about it. :eyes:
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 12:07 AM
Response to Original message
2. So, basically, only wealthy women can get abortions
Why oh why can't these politicians just leave the working classes the fuck alone!?

:grr:

K&R
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Foo Fighter Donating Member (621 posts) Send PM | Profile | Ignore Sun Jan-30-11 03:42 AM
Response to Reply #2
24. Oh no. Wealthy women don't have "abortions."
They don't go to abortion clinics. They go to hospitals and have what's called a D&C (aka dilation and curettage).

Lucky for them, there are no lines of protestors they have to get past in order to enter the hospital where they have their nice and neat D&C procedure.

Apparently, only poor women should have to deal with that crap.
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MsPithy Donating Member (325 posts) Send PM | Profile | Ignore Sat Jan-29-11 12:15 AM
Response to Original message
3. How will a woman prove the rape was "forcible?
I guess we should all make sure we are shot or stabbed while we are being raped, I wonder if severe bruising would be enough?
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COLGATE4 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 11:20 AM
Response to Reply #3
15. That's the catch. You can be sure that the first thing they'll do is
insist that a police report be filed. If the victim doesn't do it (as many don't, for many reasons) then, of course, it wasn't forcible. End of story.
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 01:10 PM
Response to Reply #15
19. I don't think they'll stop there...
Methinks they're going to want a conviction in court, which takes a lot longer to obtain than a mere police report. By that time, however, the baby will probably be born, anyway, so...

:mad:
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sharesunited Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 12:16 AM
Response to Original message
4. Millions for bombs. Zilch for gynecological healthcare.
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Zoeisright Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 12:17 AM
Response to Original message
5. Leave it to the repukes to cook up something this disgusting and cruel.
They really must spend most of the day thinking up ways to make life even tougher for anyone who isn't a rich white man.
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marshall Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 12:22 AM
Response to Original message
6. The Whoopi Goldberg approach
There's rape, and then there's rape-rape.
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bullwinkle428 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 12:26 AM
Response to Original message
7. They need to add "The Palin Provision" - make the victims pay
for their own rape kits, then they can sit back and crack open a cold one!
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perdita9 Donating Member (408 posts) Send PM | Profile | Ignore Sat Jan-29-11 08:03 AM
Response to Reply #7
12. The highest % of rapes occur in Alaska
Not that Palin tried to do anything about it when she was governor.
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 12:27 AM
Response to Original message
8. These people are evil.
:grr:
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molly77 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 03:30 AM
Response to Reply #8
9. You can spot the fascists by the way they treat women.
Societies that treat women well are the healthiest.

The US is not kind to women.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 09:04 PM
Response to Reply #9
22. +1000% --- well said-!!
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Ilsa Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 08:03 AM
Response to Reply #8
13. Exactly. Instead of tackling real problems, they use their power to
make life harder for poor women.
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perdita9 Donating Member (408 posts) Send PM | Profile | Ignore Sat Jan-29-11 08:02 AM
Response to Original message
10. Attention Republican Women!
Are you going to speak out about this? Are you going to stand up and defend the civil rights of your fellow females?

Because, if not, then who are you? What do you stand for?

Electing one of you into office seems not a move forward for women's rights but an enormous step backwards.
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Ilsa Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 08:02 AM
Response to Original message
11. And another point: these "get govt out of our lives" congressMen would
limit tax deductibility if a Private insurance plan paid for abortions. Give me a freaking break. Not only do they want to stop any govt funding, they want to make sure employers disallow abortion funds via their health insurance.

GOP hates women. I'm hoping this doesn't have a prayer of passing either house of Congress. I wish they'd tackle real problems and stop wasting their time harassing women.
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MH1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 10:24 AM
Response to Original message
14. Every one who cosponsored that bill is despicable.
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KatyaR Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 11:52 AM
Response to Original message
16. I am SICK AND TIRED of these assholes trying to toss women
back to the Middle Ages. When is this going to end?

Have you noticed that, the GOP, during the last several years, have tried everything to devalue and put down everyone who's not a white male? This is discrimination, plain and simple, but more than that, it's just WRONG.

I say let them pass this bill. Women should rise up and revolt against their male "masters," withholding sex and everything else, and see how they like it.

This country looks more and more like "the Handmaid's Tale" every day.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 11:54 AM
Response to Original message
17. k/r
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 01:10 PM
Response to Original message
18. "Forcible rape" is the term used in the UCR to describe penetration rape of females
and distinguishes it from statutory rape (where a female may have consented but is considered too young to give informed consent.) Assault on a woman who is physical or mentally incapable of giving consent, whether that condition be permanent or temporary, is considered forcible rape under the UCR guidelines.

http://www2.fbi.gov/ucr/handbook/ucrhandbook04.pdf

So the question here is, does the bill define forcible rape in some manner other than the FBI's standardized description, and if so, how exactly is it described?


The whole bill is an anti-choice, giant pile of steaming manure and shouldn't be passed, but...
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Maru Kitteh Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 01:28 PM
Response to Original message
20. The Republican congress hates WOMEN - and girls.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 09:03 PM
Response to Original message
21. The notorious fanatic, Rep. Chris Smith ... tell me why Dems have never targeted him ....
and why this fanatic is still in Congress?

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saras Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-11 03:12 AM
Response to Original message
23. When is rape not rape? When the rapist is wealthier.
In the sort of 'traditional' world the GOP seems to wish to return to, it isn't rape if the rapist has more money than the victim. If the victim takes any initiative, it's prostitution, and the 'victim' is the criminal. Otherwise it's the natural order of things.

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