"This "forcible rape" crap is ridiculous. How any woman could vote for someone that uses the language of "forcible rape" is beyond me."
As a point of information, and not in any, way, shape or form an apology for the Republican majority platform - Akin's, Ryan's or the one about to be advanced at the Convention (which is to make "ALL" abortions unlawful) "forcible rape" is not the invention of the Republican agenda. It has long been a legal definition. And it serves a valid purpose and one safeguarding the rights of victims.
It differentiates rapes that are the result of physical force/compulsion from "statutory rapes," rapes which, by virtue of their not being the result of physical compulsion, would be consensual but for the victim's inability to consent under the law by virtue of her or his youth or disability. The importance of the distinction is not to "legitimize" and by implication "delegitimize" certain kinds of rapes. Nor is it to assert that one kind of rape is as a general proposition more egregious than the other. The point is that in order to convict a person of rape the trier of fact must find - as is the case with any other criminal charge - that certain elements of fact have been proven. Those elements of fact are different depending on whether the theory of culpability is force/compulsion or instead is that the complainant was unable to consent by virtue of her or his legal status. For instance in the Sandusky case, as I understand it, one out of countless sexual crimes was founded on force/forcible compulsion while the others were not so predicated but instead relied only on the inability of the victims to consent (in the legal sense of the word, not in the usual sense of the word) by virtue of their youth.
The operative point therefore is not that there is no such thing as a "forcible" versus a "non-forcible" rape. There in fact is such a distinction. It is a jurisprudential fact and has nothing to do - generally - with party politics.
The point is that all rapes - forcible and statutory - are "legitimate" violations of the victim. And the greater point is that all female rape victims should have access to abortion. As indeed - an equally important issue that is being sidestepped because of the more particularized idiocy exposed in the last couple of days - should be the case for all women.
Updated On: 8/21/12 at 02:32 PM