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REPORT OF THE SOUTH DAKOTA TASK FORCE TO
STUDY ABORTION: A CLOSER LOOK
(1/20/2006)
South Dakota
Abortion Task Force Studies Rape Exceptions
Exceptions for rape, incest
often proposed in abortion restrictions
By Bob Ellis
Dakota
Voice
*The following
is the fifth in a series of features Dakota Voice will be publishing which
takes a closer look at the report prepared by the South Dakota Task Force to
Study Abortion.
One of the many
facets of abortion that were examined by the South Dakota Task Force to
Study Abortion was the “rape exception.”
Frequently in the debate over abortion, when restrictions are proposed,
supporters of abortion mention the need for an exception to allow for
abortions in cases where the pregnant woman has been raped or is the victim
of incest. The trauma of these acts naturally engenders compassion, for who
would want to bear the child of a man who had violated their person in such
a horrific way? Likewise, incest is often perpetrated through force,
coercion, and intimidation; the increased risk of birth defects to offspring
of close relations is also a factor.
However, pro-life advocates point out that while they sympathize with the
plight of rape and incest victims, abortion produces a third victim: the
unborn child.
“Childbirth is less traumatic than abortion,” said Robert Regier, Executive
Director of the South Dakota Family Policy Council. “The victim of rape or
incest who becomes pregnant is unfortunately in a no-win situation. Many of
the feelings that women experience after abortion are the same as those
experienced after a rape. A rape victim who testified before the House State
Affairs Committee said that her abortion made her feel as if she were raped
again.”
According to the recently released
report of the Task Force, Dr. J.C. Willke, founder of the International
Right to Life Federation, testified before the Task Force in September 2005.
At that time, he told the Task Force that only about 0.1% of rapes result in
a pregnancy. The report also quotes Willke from his 2003 book "Why Can't
We Love Them Both" in which he says, "We must approach this with great
compassion. The woman has been subjected to an ugly trauma, and she needs
love, support and help. But she has been the victim of one violent act.
Should we now ask her to be a party to a second violent act--that of
abortion?"
Dr. Donald Oliver, a Rapid City pediatrician who is board certified with the
American Board of Pediatrics, also testified before the Task Force. He told
of having recently provided medical care for a very young teenage mother who
said her brother raped her. Dr. Oliver said that the mother had decided to
deliver the baby, and it turned out completely normal, with none of the
birth defects that can sometimes result from incest. Dr. Oliver said that
the mother had told him that her baby didn't deserve capital punishment for
the sins of her brother.
The Focus on the Family website features the compelling story of Heather
Gemmen who was tied up and raped in her own home. She said that the hospital
gave her a "morning after" pill, which she considered to be morally wrong,
but she took it anyway because she couldn't bear the thought of being
pregnant from the man who raped her. However, the pill didn't work, leaving
her with mixed feelings of relief and horror.
Heather and her husband wrestled with the decision of whether to keep the
baby or give it up for adoption, with no mention of abortion. They
eventually decided to keep the baby, and she says that by the time Rachel
was born, the painful memories of her conception had faded.
Heather now tells her story of the daughter she came to love as a way to
tell other women caught in similar situations of hope and healing that can
be found.
Regier also quoted Julie Makimaa, a woman who was conceived from rape: “’It
doesn't matter how I began. What matters is who I will become.’ Julie says
she is proud of her mom's courage to choose life over abortion.”
KELO TV recently featured the
story
of Megan Barnett, a woman who was raped in 2004 and chose to keep her baby.
The story quoted her as saying, "It's a life no matter how it got there and
you need to be thankful for that gift of life.”
Exceptions for rape are always proposed when abortion restriction
legislation comes before the South Dakota legislature. However, rape
exceptions are not approved because they are viewed as inconsistent with the
pro-life logic of abortion restrictions.
The U.S. Supreme Court weighed in on the “rape exception” and this
inconsistency back in 1973. It said in Doe v. Bolton, “The protection
of the fetus when it has acquired life is a legitimate concern of the State.
Georgia's law makes no rational, discernible decision on that score. For
under the Code, the developmental stage of the fetus is irrelevant when
pregnancy is the result of rape.”
In other words, the Court says if we accept that the fetus is a human life,
then the origin of that human life is irrelevant.
“The baby conceived of rape or incest is no less human than the baby
conceived of marital intercourse,” said Regier. “If we agree with the
premise of HB 1191 that a human life begins at fertilization and that the
unborn child is guiltless, then we must extend that protection regardless of
how the child was conceived. The guilt of the baby's father does not extend
to the child in the womb. It would be wrong to deprive the child of his
unalienable right to life and the due process of the law because of the sins
of his father. Two wrongs do not make a right.”
The Task Force
report was presented to the South Dakota legislature last week for
consideration.
Related
Reports:
Legislative
Recommendations from the South Dakota Task Force to Study Abortion
South Dakota
Task Force to Study Abortion Report Addresses Sex Education
Roe v. Wade
Assumptions Examined by South Dakota Task Force to Study Abortion
Not Available
for Roe: Scientific Advances Shed Light on Abortion
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