Last year a friend of mine had concerns about her teenage daughter’s health. Without going into detail, know that certain troubling symptoms had led her to believe that her daughter’s reproductive health might be in jeopardy. She scheduled an appointment at the family gynecologist, but her daughter – thinking her mom was overreacting – refused to go. It led to a few nights of intense in-house battle royales, until the mother played the “until you are 18 and as long as you live under my roof” card, and through the threat of taking away a number of privileges (including the ability to see her boyfriend again) basically coerced her daughter into a fairly thorough vaginal exam that was not merely superficial.
It may well be that this was excellent parenting, or that it was horrible parenting, or that it was something in between. Being a man who has only sons, I admit I do not feel comfortable or even qualified wading into judgement about how these two females handled a decision about one’s reproductive health. Instead, I want to merely acknowledge that the daughter was coerced into a vaginally invasive (and, I’m sure for her, humiliating) medical procedure by her mother – a procedure that was not wanted by the daughter, whose body was the one that underwent said invasive treatment.
And, having said that, I want to ask an intentionally provocative question: Was this rape?
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Last week the state of Virginia passed a bill that will require a woman to undergo an ultrasound before getting an abortion, regardless of what stage or state her pregnancy has reached. The bill’s sponsors are saying the politically correct things, such as how this is as much for the mother’s protection as anything else; however, it seems obvious that the bill is designed to create enough guilt in a woman after seeing the ultrasound that she opts to give birth instead.
The language of the bill has language that creates what I would call substantial ethical, moral and overreach issues:
Except in the case of a medical emergency, at least 2 hours before the performance of an abortion a qualified medical professional trained in sonography and working under the direct supervision of a physician licensed in the Commonwealth shall perform fetal ultrasound imaging and auscultation of fetal heart tone services on the patient undergoing the abortion for the purpose of determining gestational age. The ultrasound image shall be made pursuant to standard medical practice in the community, contain the dimensions of the fetus, and accurately portray the presence of external members and internal organs of the fetus, if present or viewable. Determination of gestational age shall be based upon measurement of the fetus in a manner consistent with standard medical practice in the community in determining gestational age. When only the gestational sac is visible during ultrasound imaging, gestational age may be based upon measurement of the gestational sac. A print of the ultrasound image shall be made to document the measurements that have been taken to determine the gestational age of the fetus.
One of the problems that this language brings up (and one that I have not seen addressed) is that it may require a woman to have to wait to make a healthcare choice until a very small number of cells grows into a fetus that is developed enough to meet the State ultrasound requirements. (If I am way off base on this – I am neither a doctor not a pregnancy expert – I invite folks like Russell to explain to all that I am wrong.) The terrible part of the bill that has captured the public’s attention, however, has to do with the fact that in order to fulfill the requirements of the bill in the first twelve weeks, doctors are required to use a type of ultrasound device that is inserted into the vagina – which is about as invasive a procedure as you can get without actually cutting into the body. And a woman must undergo this procedure even if it her doctor believes it is not medically necessary.
As a way to combat this bill, opponents are calling the ultrasound procedure rape. In fact, at just about every liberal blog you will see this bill referred to as the “State Sponsored Rape Bill.” The use of the word “rape” in connection to this bill was both so instantaneous and universal on the left that it reminded me of nothing less than what FOX so often does with framing language on the right.
The reason for using the word rape, as I understand it, is this: it requires, for anyone seeking an abortion in their first twelve weeks or pregnancy, to undergo an invasive exam, where an instrument is inserted into the patient’s vagina. That the instrument in question is quite phallic probably contributes.
I must say I find this bill somewhat sickening, and it’s hard for me to believe that – in addition to the (perhaps) more lofty goal of protecting an unborn child – it isn’t designed with a mindset of punishing a woman for experiencing her own sexuality. What’s more, even though I try to be a “benefit of the doubt” kind of guy, I have a hard time believing that the backers of this bill would ever be willing to back a bill that looked to punish the male in this scenario for experiencing his sexuality. I personally find the bill to be unethical, invasive, overreaching, scary, and – intentional or not – misogynist.
But I am not sure that it qualifies a rape, just as I do not feel my friend contributed in the raping of her daughter. What’s more, I fear that expanding the colloquial definition of rape this far risks potential positive social and policy advancements with how we approach and treat what we have historically referred to as rape. And believe me, we really need to some positive change in this area. [click to continue…]
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