Rape and pregnancy...
By Ravenladyj
@Ravenladyj (22902)
United States
December 8, 2007 3:10am CST
I just responded to an abortion thread and the particular post I was replying to got me thinking about something...I'd like your opinions on this one...
Hypothetical situation = A woman is raped and ends up pregnant. She refuses to carry her attackers fetus and opts for an abortion. Her attacker learns of this and BEFORE the procedure can be done he takes her to court trying to have the abortion stopped. Now obviously by doing this he is admitting to his crime and of course will be charged and punished and lets say its his FIRST offence, he's not some serial rapist....
Who do you all think the judge should side with? Why?
How do you think the judge would/should come to his conclusion?
All posts rated and appreciated and please lets not bicker and argue :-)
7 people like this
24 responses
@sarahruthbeth22 (43143)
• United States
9 Dec 07
By admitting that he is a rapist, he is an unfit parent. So if he could stop the abortion, he wouldn't get custody of the child. And since the mother doesn't want it, the child would become a ward of the court. So he/she would end up in the foster care system.But since it was rape and lets say the couple isn't married, he couldn't stop her from having the abortion.Besides, she could just say that she was pregnant Before the rape and the child isn't his.I believe you have to wait for the baby to be born to take an paternal test so no court will make a woman carry a child that may or may not be a child of a self professed rapist.
Or it could go this way.He says he is the father, she says he raped her, he says it wasn't rape.If that happened, she should say that she was already pregnant so she can have the abortion and then take the man to court on the rape charge. Courts being like they are, he may not go to jail but she wouldn't have to have his child.
1 person likes this
@Ravenladyj (22902)
• United States
9 Dec 07
"By admitting that he is a rapist, he is an unfit parent. So if he could stop the abortion, he wouldn't get custody of the child"
Sadly that is NOT always the case...I just did some very quick research and came across this IN CANADA no less which really surprised me..
"Child Custody Given to Sexually Abusive Father"
http://www.equaljustice.ca/cgi-bin/forum.cgi/noframes/read/32073
As much as we'd all love to believe these sorts of things could never happen..apparently they do or at least as equally insane and unfair cases ya know..
3 people like this
@suspenseful (40192)
• Canada
9 Dec 07
I doubt that this would happen well because if it did, the women would be allowed by the courts to get an abortion and the rapist would know it. I am against abortion and I would think that a rapist would kidnap the woman and hold her captive long enough for the child to be born or past the day when abortion is legal.
More often than not, the stress of the rape would cause the woman to miscarry or not get pregnant.
And usually when a woman has been raped, she does not choose to abort. It is just what other women say. For one thing she is thinking of punishing the rapist and the best way is not to not have a child that looks like him, but to make him pay for at least eighteen years old financially.
1 person likes this
@Ravenladyj (22902)
• United States
9 Dec 07
"And usually when a woman has been raped, she does not choose to abort. It is just what other women say."
I have to disagree...I would have DEFINATELY aborted and many survivors of rape that I've known over the yrs also would have (and some did)...thats not to say that ALL victims would by any means but I think many more than ppl are aware of would/have/do ya know.
1 person likes this
@SViswan (12051)
• India
17 Dec 07
I think the judge should side with the woman. She didn't want to have the rapist's child. He forced himself on her and now he wants the child? It's another point if the woman knew the man and agreed to have s*x and then she decided to abort when she knew she was pregnant. But carrying a rapist's child (though she doesn't want to) is a violation of her rights. First the rapist violates her decency by raping her and then he goes to court to violate her right of ebing able to choose whether she wants to have the baby or not!!
If I were the judge, I'd go in favour of the woman.
1 person likes this
@palonghorn (5479)
• United States
8 Dec 07
First offense or fifty-first, he committed a crime, and when he committed that crime he gave up his rights. I think the judge should side with the victim in this case, because she didn't ask to be raped, she didn't just get pregnant from some one night stand, she didn't know the offender. What woman out there would want to carry through with a pregnance under these conditions? I know I wouldn't. And appeal, oh yeah, if the Judge decided in the favor of the criminal, you bet I would.
1 person likes this
@UnselfishShellfish (1306)
• United States
8 Dec 07
"he gave up his rights."
A man gives up his right to have any control over his sperm and what happens to it once he wanks off and that sperm meets an egg.
@barehugs (8973)
• Canada
8 Dec 07
The rapist does not have a leg to stand on. (its a hopeless case for him). He's the offender and as such has no case! Rape is a heinious crime!In Canada the case would never go to Court. WE have full abortion rights and Women have Equal Rights.
@Ravenladyj (22902)
• United States
9 Dec 07
I'm Canadian as well and I dont think it would ever make it to court either but I'm living in the U.S now and I have to say that I wouldnt be surprised if a case like that were to show up in the courts over here..No offense to the U.S judicial system but I mean you here of the most insane cases over here I really wouldnt be surprised...Then my concern would be WHAT IF the judge hearing the case were on a mission of some sort and is totally Pro Life or something ya know (LOL I watch way too much Law & Order)
@shannon76 (1232)
• United States
13 Dec 07
She didn't deserve to be raped, but that child doesn't deserve to die because of it. Ultimatly it is her choice and I am pretty sure that any/all judges would side with the woman. No, I do not think she should be "forced" to carry the child. and no, I do not think the rapist should be allowed to make the decision nor should he be allowed to father that child (or any other child for that matter).
1 person likes this
@Sissygrl (10909)
• Canada
14 Dec 07
I think the judge should side with the woman. After all if the man wanted a baby he should be looking for a wife or girlfriend, not a victem! I don't know what i would do if i was the woman in this situation. I dont really believe in abortions, but i REALLY wouldnt want to carry a baby from the man that rapped me..
I would hope i would never have to be in that position, and I wish that no one else had to be either. but that would be a perfect world, and ours is far from that!
1 person likes this
@Taskr36 (13963)
• United States
14 Dec 07
I don't know if there is any legal precedent on the subject, but I would say that as an admitted rapist, he has absolutely no right to the child or fetus whatsoever. But I feel rapists are the scum of the earth and don't deserve to have any involvement in another person's life, especially their victims. A first time rapist is likely to just be a rapist who was caught for the first time.
1 person likes this
@oscarbartoni (2581)
• United States
9 Dec 07
A woman should have control of her body. No man should be able to tell her what to do with her body (even a husband) on matters like this. In a case of rape the woman should be able to get a day after pill to prevent conception from happening.
In another way to look at this is if the man is extremely wealthy (at which point he would probably be "proved" not guilty, he might try to make an agreement with the woman to provide for her and the unborn child(ren) (this is if there were more than one baby).But this would have to be something that she is willing to do.
1 person likes this
@vikimishra (628)
• New Zealand
10 Dec 07
I thiank rapist should be paunished ..and if girls does want this chaild she should be given the authority to decicide what is best for her. Every one should respect her decision. Thats wahts i feel
1 person likes this
@nkhanna (922)
• India
10 Dec 07
well i think the judge should support the lady.what rapist did was totally unlawful and unethical.just because she became pregnant he came infornt of the law,but might be this is not his first crime,but since tohse ladies did not got pregnant he did not bothered.i really think this man has some problem.the whole and sole discreation should be of the lady.if she wants to abort the baby then she should be allowed to do so,since she will never love that baby.it will always remind her of the wrong that had been done to her.why didnt the man thought before doing all this?how much pain that lady would have gone through mentally,physically and socially.did he ever thought about it ?and on top of that he will be in jail for some years.so i dont tihnk there is any good future stored in for that baby.parent needs to give best to their child,not like this one,where mom does want her and dad would be in jail.pityful situation.
1 person likes this
@breadthless (124)
• United States
10 Dec 07
I think the judge should side with the woman for pretty much all the reasons listed above. The woman is the carrier of the child and thus, it is her body and her choice. The father can argue for the child, but the only thing he can control in the process of having an abortion is...nothing. Even if the court ruled in his favor, the woman could always have a "miscarriage" and I don't think anyone would be able to confirm that she lost the baby on purpose. Even after a court ruling, they can't keep an eye on the woman to see if she over exerts herself or does anything that would harm the child. The last part is probably a bit extreme though...but unnecessary if the court ruled in the mother's favor in the first place.
1 person likes this
@ESKARENA1 (18260)
•
9 Dec 07
AN ETHICAL PROBLEM INDEED. iN MY OPINION rape means life in prison, first offence or no. Secondly, as a pregnancy resulting from rape, the woman (in the uk anyway) has the right to an abortion even if he objects. For me, this is the only answer, but then again, if my views held sway, the only repete offender rapists would be on a maximum security prison wing and be perpetuated on other rapists
blessed be
1 person likes this
@ravinskye (8237)
• United States
8 Dec 07
I think that being the way the baby was created that he has no rights to stop her from having an abortion. Being raped is a horrible thing to have happen to you, then to made to carry the product of that rape for 9 months is just cruel. I've read some things that have made me less pro choice, but i still stand by the fact that a woman raped should not have to carry a baby from that rape.
@sacmom (14192)
• United States
9 Dec 07
I think the judge should side with the woman. After all, the man committed a terrible crime so he shouldn't be able to have a say in the matter. Now if the situation was reversed and the woman raped the man then he by all means the judge should side with him.
1 person likes this
@angemac23 (2003)
• Canada
8 Dec 07
The judge should side with the woman and if she wants and abortion, than she should have one. She did not deserve to be raped and the man, serial rapist or not, knew he was doing something and should not have any rights.
1 person likes this
@xXxMikesWifeyxXx (3072)
• United States
8 Dec 07
well in this situation i havnt quite come to what i beleive.
what i think should happend,and what i beleive WOULD happen are two diffrent things...
I THINK that the guy who raped the girl,should be charged and sentanced, and also i think that the judge should concider his decision on the fact that he is the father and should have some say, the mother should be made to carry the baby but before she sees the baby be taken unto custody of the courts, BUT ALSO make it note that this man is to have no contact with the child until shes atleast 16 i mean come on he is a rapist,it dont matter how many time you do it,
but what i think will happen,is the guy will go to jail of course. the mother will be aloowed to get the abortion because it is her body and she has the rights to do it,and my friend abortion is not illeagal.
Its really a hard decision,and im glad i am not a judge:)
@aidenofthetower (1814)
• United States
9 Dec 07
Okay, I have a few things to say. One, I am pro-life. Two, Scientifically getting pregnant and staying pregnant when rapped is hard to do because of the stress and damage, then the mental issues most women have after ward. It is claimed to happen quite often, but most scientists who study the issue think that it doesn't happen near as often as it is claimed to happen.
That said, should it happen...
I believe most judges would side with that of the mother right now. This goes back to the fetus issue (verses it being a baby) and it being the mothers body. Additionally I think that it should be the mothers choice, after all she is a victim here. I know that I would hope that she would choose to have it and choose to give it up for adoption if she couldn't take care of it, but mentally that would be an incredibly hard thing to do.
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