iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Lynn M. Paltrow

GET UPDATES FROM Lynn M. Paltrow
 

Rape, Forced Pregnancy, Personhood, and Crimes Against Humanity

Posted: 08/24/2012 7:21 pm

It is likely that Colorado will, once again, have a so-called "personhood" measure on the ballot this November that seeks to have fertilized eggs, embryos, and fetuses treated as if they were entirely separate constitutional persons. If approved by Colorado's Secretary of State, this year's version of the measure, Proposed Initiative 46, adds some detail, including a provision explicitly and unmistakably banning women who have become pregnant as a result of rape from having abortions. The amendment states: "No innocent [fertilized egg, embryo or fetus] created through rape or incest shall be killed for the crime of his or her father." Given the recent attention to Missouri Congressman Todd Akin's claim that women can't become pregnant as a result of "legitimate rape," I thought this provision deserved some attention.

As the media has widely reported, Rep. Akin, while on Fox News, asserted that women possess a biological mechanism to ward off pregnancy if they become victims of "legitimate rape." Specifically he said, "If it is a legitimate rape, the female body has ways to try to shut that whole thing down." Dr. John Willke, the former president of the National Right to Life Committee, was then cited in the media as the primary source supporting this point of view. Dr. Willke has claimed that such things as physical and emotional trauma make it highly unlikely for women to get pregnant from rape.

This claim, however, not only lacks any basis in science but is directly contradicted by Colorado's Proposed Initiative 46. The amendment assumes that women can get pregnant from rape and that the state must be given new power to prevent women from ending the pregnancies caused by this particularly cruel and devastating form of violence.

The fact that rape can result in pregnancy is not only confirmed by scientists and by the lived experience of women, but it is well-known that rape and forced pregnancy are used as conscious and deliberate tools of war. For example, in 1993, the organization Equality Now presented these findings from a board member sent to Bosnia-Herzegovina to investigate allegations of mass rape, forced pregnancy, and genocide. According to the investigator:

When the Serbian forces came to Miljevina, they turned the local gymnasium into a rape camp. Families were separated, and women and children were kept in the gym, where all of the women and girls over ten years old were raped in the first few days.... There are rape camps all over the country. Thousands of women are being raped and killed. Thousands of women are pregnant as a result of rape. Over and over again, everywhere I went in Bosnia-Herzegovina and in Croatian refugee camps, women told me stories of abomination -- of being kept in a room, raped repeatedly and told they would be held until they gave birth to Serbian children.

Some call such practices "genocidal rape" and define it as the systematic and repeated sexual violence for the purposes of destroying a targeted group by the humiliation and impregnation of the women in that group with the persecuting army's progeny. Today, the international human rights community has not only recognized rape as a form of torture, but it has recognized rape and forced impregnation as war crimes and as crimes against humanity. International law now explicitly outlaws these acts, and the Rome Statute of the International Criminal Court includes both rape and forced impregnation among the crimes over which it has jurisdiction.

Individual acts of rape are clearly not the same as "war" or "genocidal" rape, but they are also designed to humiliate and assert power over women and may just as easily cause pregnancy. If Proposed Initiative 46 passes, men who rape women in Colorado will be secure in the knowledge that their efforts to humiliate and degrade those women will be backed up and reinforced by state action forcing those women to go to term -- whether they want to or not.

The real question that needs to be addressed is not whether rape can cause pregnancy. The question is: Will measures that ban women who have been impregnated by rape from having abortions be enacted, enabling rapists, with state support, even greater power to deprive women of their dignity and personhood?

This piece originally appeared on RH Reality Check.

 

Follow Lynn M. Paltrow on Twitter: www.twitter.com/Lynn Paltrow

FOLLOW POLITICS
It is likely that Colorado will, once again, have a so-called "personhood" measure on the ballot this November that seeks to have fertilized eggs, embryos, and fetuses treated as if they were entirely...
It is likely that Colorado will, once again, have a so-called "personhood" measure on the ballot this November that seeks to have fertilized eggs, embryos, and fetuses treated as if they were entirely...
 
 
  • Comments
  • 212
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3 4  Next ›  Last »  (4 total)
12:29 PM on 09/03/2012
Where are the repercussions for lying anymore? I'm not talking in the sense of politicians promising things they later cannot follow up on, but making the bold, straight-faced statement that women's bodies can essentially decide whether or not to get pregnant? We as a nation impeached Clinton for lying about his sex life, which doesn't affect me and I couldn't care less about, but there are literally no consequences for Akin lying about MY sex life, and that of every woman in the world?
photo
HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
11:59 PM on 09/01/2012
I was born through forced gestation. A woman was impregnated through deception and then forced to bear me against her will.

The idea that "person-hood" entitled me to gestation is ludicrous. I am a person NOW. Whether I was or not then (I wasn't) I am definitely a person now. And if I tried to take so much as a drop of her blood NOW I'd face criminal charges.

The maximum possible rights that can be bestowed on the fetus I was are the rights I have now. And those rights do not entitle me to unwilling flesh. If I'm going to die without a fluid/tissue/bone/etc donation from her I get to **ask nicely and hope she says yes**.

Cause if she refuses me I die.

My right to life does not entitle me to steal bits of her that I need more than she does.

And if it doesn't now, then it sure as (*^&&) didn't then.

What happened to her was evil and wrong and I will not be your excuse for it.
photo
HUFFPOST SUPER USER
Jenny527
07:40 PM on 08/27/2012
You see though.. Right after LIFE, comes LIBERTY. It is MY right to have the freedom to decide on issues affecting MY life and MY pursuit of happiness. If I were a victim of rape, I'd want an abortion. You need to realize that my life, as an independent living breathing adult with loved ones and relationships, with self awareness and the ABSOLUTE ability to feel physical and emotional pain, trumps my zygote or embryo EVERY TIME. Stop giving cells (they are not legally or medically referred to as babies) more basic rights then a grown woman. Remember, those cells need MY womb in order to grow and develop. My body, my choice. You don't like abortions? Don't get one. The right to life, liberty and pursuit of happiness does not end with "..well everyone EXCEPT females of child bearing ages. We really only are directing this one to men and the unborn." We are entitled just like everyone else. Men and zygotes included. DEAL WITH IT
10:20 PM on 08/26/2012
Forced pregnancy sounds a lot like slavery to me! How can you enslave the mother and ignore her rights. I am so sick of these personhood amendments. I am not a 2nd class citizen!
HUFFPOST SUPER USER
sarahsahasbeen
Je pense...je progresse.
02:53 PM on 08/26/2012
This needs to be a headline story, not on a side blog. Everyone needs to know up front what their intentions are.
10:37 AM on 08/26/2012
Crime against Humanity you say?

Obama wants to expand Abortion into Euthanasia, the after-birth abortion. This he has voted on.

Id rather have a Birther n Chief than a Dog-eater n Chief any day of the week

With Clinton and Obama on the same the Democratic Party will have to hide the children from the accused rapist criminally Impeached President Bill Clinton and hide your dogs and cats from the appetite of Obama. Thats their idea of America dog meat for everyone, cooked Democtatic Style
10:32 AM on 08/26/2012
There is a reason this is called a wedge issue. The purpose is to identify a permanent paradox that can never be solved, that will cause people to line up on one side, so that polling and demographic modelling can predict strategies to win a campaign. As these tools are used more, they promote ddivision in the masses. There are many wedge issues too complex to resolve to the satisfaction of everyone. Politicians describe them in simple, knee-jerk terminology to elicite an emotional response. Solutions to wedge issues are not "clean", because the problems aren't either. This is a case of exterminating a potential life. We kill walking/talking people directly or indirectly routinely for a variety of reasons, and accept it as reality. Abortion has been singled out because it works as a wedge issue. If you look at the balance sheet of platform planks on either side, the mix is inconsistent. In this case, the same platform that would ban abortion because it treasures life also promotes war, the death penalty, approving that police officers kill fleeing suspects, and cutting off health insurace for care of persons whose illnesses are costly. This platform is a collection of conflicting positions that sort voters into camps.
05:09 PM on 08/28/2012
Wow... This is probably the sanest, most insightful, accurate and intelligent comment I have ever read on this website. Kudos to you, Tiredashell! I wish more people would open their eyes and use their brains...
photo
HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
12:11 AM on 09/02/2012
However, it is a "wedge issue" in the same way that slavery is a "wedge issue". The tyrants can back off any time they want but the folks on the defensive can't stop fighting because our very freedom relies on it.

If you can't control your reproduction then everything in your life can be stripped from you. It can deny you education, employment, opportunity, love ... everything.

And thats even ignoring the fact that there is no magic 8 ball out there which accurately determines which pregnancies will be lethal and which won't so we are talking about the cold blooded murder of a couple of women a day, every day, through forced pregnancy ... and thats if we ignore deaths from self-abortions and pretend that coerced pregnancies are no more lethal than average which is manifestly untrue since the demographics that abort the most also have the highest maternal death rates.
10:18 AM on 08/26/2012
"Born" means brought forth by birth. A fetus is "not born" while developing in the womb. The term "unborn" is similar to saying an individual is "undead" which is fantasy. An undeveloped fetus cannot live outside the womb, and if it is "born" would not live. Depending on at what stage of development the fetus is in, "scientist" might be able to keep it alive using science. Without scientific intervention, depending on the stage of development, the fetus will not survive outside the womb and therefore is "not born" it is not "unborn" since it would not live. Even Jesus said, "unless ye be born again ye shall not see the Kingdom of Heaven." We have allowed individuals to "spin" words to make them sound like something they are not. How far do you take this? Ultra-conservative Christians believe in "God's will" and not using medicine (science) to treat illness. Therefore, using science to keep a fetus alive is going against God's will just as using science to get pregnant would be going against God's will. At some point we need intelligent, reasonable, people discussing this issue as all issues aren't black or white but gray. Forcing your views on others is not supporting the belief of individual rights or religious freedom. Not believing in Individual Rights and Religious Freedom is un-American.
photo
HUFFPOST SUPER USER
smp276dp
free us from the craziness
10:00 AM on 08/26/2012
You have to ask are American's really that out of touch with reality they will believe the garbage
this man is expounding? I respect the pro life movement. Even if I am pro choice. But listening to these people spew complete and utter lies. In this day and age with so much information at your finger tips. I say there is no hope for the electorate. Ignorance will over ride logic. Well not to all but too many of the voting electorate.
photo
HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
11:41 PM on 09/01/2012
There is nothing to respect in the so called "pro-life" movement. I routinely offer them the choice of leaving a clinic and protesting their local legislator OR I donate money per head to a fund that helps low income women afford an abortion. If they leave I donate to the children's hospital.

They overwhelmingly decide that it is better that a fetus should die than they go protest somewhere else. They'll trample fetuses and deny healthcare to children "for the cause" without a thought.

Try it next time you see some jerk harassing a doctor's office and see for yourself. This isn't about sex, and it isn't about babies, it is about power, dominance, and control. Fitting as forced pregnancy is .. well it is what makes rape bad. Rape doesn't make unwilling pregnancy bad. The merest possibility of coerced gestation is what makes rape bad. Forced pregnancy is torture and I'm happy to see the UN is recognizing this.

In fact, in all the years I've been doing this only **ONE** protester started packing her things to go when I offered them the donation deal. ONE! The look of horror she gave her fellow protesters when they started arguing with me was enlightening. She **actually believes** that fetuses are people and her disgust made a tremendous contrast with the rest.
photo
HUFFPOST SUPER USER
smp276dp
free us from the craziness
09:18 AM on 09/02/2012
Smile one problem with American is a lack of respect for other's belief's.
I don't question what you say. But I repsect what they believe and want them
to respect what I embrace. I am pro choice as I said. Thank you.
09:56 AM on 08/26/2012
"Dr." Willke, his ideas and fame demonstrate that even the incompetent and just plain wrong can command a large following. Serious researchers are working on many, many topics. The work is often tedious, includes many failures, and has to be repeated and followed up by competitors. Securing a research position involves proving oneself in postdoctoral positions after a lengthy educational process. Often, researchers are in their 30s before they have amassed the credentials to get a starter position in academia. They then must secure funds to do their reseach. The review process to propose the ideas to get funding is brutal, often with a 5-10% success rate for securing funds. Once the research is done, the review process involved in publishing it is similarly brutal. If the scientist is outside academia (such as private industry or federal government researchers), they are subject to censorship and their work may never see the light of day. The knowledge gained in this painful way is as close as we can come to understanding a subject. Even so, those who just make stuff up as they go tend to be the ones the masses follow. Unfortunately, BS is usually more drammatic and easier to comprehend than fact. Dr. Willke's impact is among many reasons we need to improve the overall quality of scientific education in this country, so that most of us are empowered to at least seek to find factual information rather than relying on BS spewed out by political hacks.
HUFFPOST SUPER USER
Anticorruption
04:49 AM on 08/26/2012
IF Paul Ryan has his way these rapes would become legal- even if a woman has been drugged into unconciousness.

IF Romeny/Ryan get elected they will enact this law.

So any woman (or man) who gets raped under Ryans law can send him a Thankyou note for the priviliege of being raped.

Have to love these 2 "Moral Christians".
photo
BSDebunker
Science is true even if you choose not to believe
01:26 AM on 08/26/2012
Women, keep voting republican and we of the GOP promise that after spending 30+ years of your life pregnant, we will remove that annoying right to vote for you as well... Who loves ya baby!
photo
BSDebunker
Science is true even if you choose not to believe
01:11 AM on 08/26/2012
"No innocent [fertilized egg, embryo or fetus] created through rape or incest shall be killed for the crime of his or her father."

This statement indicates just how meaningless women are to those who drafted Initiative 46. While the "rights" of a glob of cells are defined and defended, the rights of the raped mother go completely unmentioned. Colorado women (and women around the country and the world) need to realize that the GOP think of them as nothing more than seed vessels.
photo
HUFFPOST SUPER USER
blaqntelligence
Please secede, republicans
11:59 PM on 08/25/2012
Since todd akin tore the roof off the outhouse of crazy, repubs have been screeching like vampires in the ensuing sunlight.
While this perversion of social-engineering-as-law initially impact women, we don't yet know how destructive these laws are.
In this fight, we need our men to get just as angry as we women.
They must process this as a personal outrage, not just an "I'm-angry-because-republican-attitudes-toward-women-are-awful?" sentiment.
It's not just a woman's issue, it is a civil rights issue; a human rights issue; a right to privacy issue.
We need their bass and baritone added, in equal measure, to our alto and soprano of outrage...

How dare you anoint yourselves head of MY household!...strip me of my role as husband/partner at a time when my wife/partner needs me most!...force my family and I to suffer needlessly...strip my daughter of her right to bear a child at a time of her choosing first by her rapist, and now by you!...emasculate me in my own home!

It is imperative that every voice is at full power because, in true republican arrogance; unstoppable as the Titanic, they are moving forward in their obsessive quest to restore woman to her "rightful" place.
Try getting out of the kitchen...or finding a pair of shoes...then.
And reproductive autonomy?
What's that?
09:58 AM on 08/26/2012
Thank you. This says it all.
11:36 PM on 08/25/2012
This whole "no exception for rape or incest" with regard to abortion is a red herring from the GOP. They act as though they've already overturned Roe V Wade, and are just fine-tuning their law. Abortion is STILL LEGAL, and will remain legal, so don't worry so much about in what "cases" it will be illegal. It will be legal in any case - rape, incest, failed contraception, immaturity, it doesn't matter. The GOP is throwing this all out there to "temper" the masses to accept no abortion, just as long as they "compromise" on the rape/incest exception, we'll all feel better about it. It's the same method they have used to pull this country as far to the right as they have in the past 30 years. Don't fall for it with this abortion crap too.
06:13 AM on 08/26/2012
reading/re-reading comments - cannot find the words… "Abortion is STILL LEGAL, and will remain legal...Don't fall for it with this abortion crap too." “Roe v Wade...will remain legal...it doesn't matter..." ‘Abortion crap’?! These words are insensitive, crude, and demeaning as well as misinformed/misguided. There is a movement ito take the power of choice from women and give it back to government. Romney/Ryan pledging to overturn Roe v Wade and criminalizing abortion for every woman in particular noting RAPE VICTIMS.

I am grateful for the hard work and dedication of the suffrogates/feminists who fought for our rights. The vile and denigrating tenor of comments inspired some historical facts of the women's rights movement: back-alley abortions thru early 1970s caused approx. 50% of all maternal deaths 1,000s dieing US and around the world. The movement also addressed and legitimized rape victims decrying the 1960s- ‘70s, male-dominated law-enforcement agencies and a court system routinely letting rapists go due to the prevailing prejudicial attitudes toward women. Feminism achieved: women never need lie about rape again.

Laissez faire attitudes regarding Roe v Wade and womens' constitutional rights sickens me. I, as well as many women, do not take these inherent rights of choice for granted nor assume they will always be there. A human rights activist with concern for the human condition - I will always speak for victims’ rights sharing truth in the face of adversity.
photo
blue rylie
I'm Prochoice Because I'm a Mom
10:31 AM on 08/26/2012
Well said, I wholeheartedly agree! One of my biggest pet peeves is people thinking that our hard earned rights can't be lost. We've seen over 1000 pieces of legislation introduced across the country, the vast majority of which were designed to restrict a woman's access to reproductive health care. Mississippi has seen the effects of this, and their sole clinic has closed. North Dakota has had a single clinic for years now. They don't have to make it illegal, they just have to make it so hard to obtain that it becomes a non-existant option. They are driving clinics out of business with unrealistic and indefensible legislation, and they are passing legislation with the knowledge that it will fail in court BUT with the knowledge that it requires funding to fight in court. Clinics can only afford to spend so much on legal fees in any given year, and many have closed not due to new restrictions or legislation, but due to the cost of contesting that legislative action in court.
photo
HUFFPOST SUPER USER
blaqntelligence
Please secede, republicans
02:42 PM on 08/26/2012
Thank you...just when I thought I'd thought of every angle...darned if I wasn't schooled.
And if we look at the anger and comments, we seem to have fallen for that red herring. So many of us are reacting as if Roe v. Wade has been overturned and we must fight to get it back.
Repubs this is what's called critical thinking...we can count on someone to speak sanity to your crazy, it may take a moment but we eventually get there.
Neither do we cannibalize our own when they speak the truth.
F&F!
09:25 PM on 08/26/2012
Thanks blaqntelligence.  I've had a number of replies that were upset and didn't realize what I was actually saying. I appreciate that you did.  I too was scratching my head over this issue.  There's a reason this country has been pulled so far to the right, and this, I believe is one of the tactics used by the Right.  Peace.
photo
HUFFPOST SUPER USER
SmileAndActNice
Utilitarianism, the -ism that works.
12:02 AM on 09/02/2012
They don't have to overturn Roe to have horrible horrible effect.

www.guardian.co.uk/world/2011/jun/24/america-pregnant-women-murder-charges
-------------
At least 38 of the 50 states across America have introduced foetal homicide laws that were intended to protect pregnant women and their unborn children from violent attacks by third parties – usually abusive male partners – but are increasingly being turned by renegade prosecutors against the women themselves.

South Carolina was one of the first states to introduce such a foetal homicide law. National Advocates for Pregnant Women has found only one case of a South Carolina man who assaulted a pregnant woman having been charged under its terms, and his conviction was eventually overturned. Yet the group estimates there have been up to 300 women arrested for their actions during pregnancy.

In other states laws designed to protect children against the damaging effects of drugs have similarly been twisted to punish childbearers.
------------