Comment on gotdamn
Rivalarrival@lemmy.today 4 months agoOk. So she has been raped.
Is she obligated to report that rape? Is she obligated to accuse someone? Is she obligated to prove she has been raped? Is she obligated to cooperate with an investigation into her rape? Is she obligated to even claim she had been raped?
The answers are “No, No, No, No, and No”. Since she is not and should never be under any sort of obligation to do any of these things, you don’t know and can’t know that she was raped. Yet, by your argument, as a victim, she is entitled to an abortion.
With your philosophy, you could presume that any particular woman seeking an abortion has been raped, and is simply not reporting it for whatever reason. She is entitled to her abortion.
Demdaru@lemmy.world 4 months ago
I didn’t aim to proclaim “women need to admit to rape to get healthcare”. I countered instead calling fetus a rapist - an actively and wholly out of control of a woman agressor. No, unethical situations aside, both parties knew what consequences are there. No use getting pissed at someone/thing because of your own stupidity.
I put rape aside because it wasn’t aimed at discussing this part in depth but…if you want, why not. First of all, women, as you wrote, are not obligated to admit to being a victim of rape. And yes, in the way I described it above, it’s suggested that rape victims are entitled to abortion. However, the mental jump to then switching the logic around that any woman looking for abortion was raped is simply illogical in the same manner that saying only alcoholics buy alcohol is. In the dystopian version of the world where abortion is fully illegal except for unexpected and unethical situations like rape, I think that yes, women would have to admit to being a victim to receive medical help. There’s simply hardly any other way.
Rivalarrival@lemmy.today 4 months ago
I agree, but I didn’t say that they were raped. I said you could presume they were raped. You are perfectly capable of making and choosing to make that presumption.
There most certainly is another way. You are under no obligation to ask. You don’t need to create an obligation for her to tell. Even if you did ask and she did tell, she could have some reason for lying and claiming it was consensual when it actually wasn’t, so you can ignore any answer she gives.
The “other way” is to allow you to presume that she meets whatever criteria you believe necessary to justify and permit abortion. If you need to believe she was raped, presume she was raped. If you need her life to be in danger, go right ahead and presume her life is in danger.
One last point: You are under zero obligation to presume that her sexual encounters were consensual. If you choose to presume consent, I’d like to know your rationale for doing so. And I’d like to know how fairly you will be treating a rape victim seeking an abortion if you presume consent that was not granted.
Demdaru@lemmy.world 4 months ago
About presuming she met any criteria: If our aim is to limit unneeded abortions, then this approach is not only invalid, but also damaging. It will work against the target of removing casual abortions while also removing a lot of weight behind act of rape. The second part is dangerous because it could lessen actual amount of help for victims. Also, this means that woman would have to prove she’s a victim - by gaining second opinion, most probably with the help of police, maybe could be done by medical specialist. I’d honestly rather lean onto the other, to remove need for criminal investigation if such is unwanted by victim.
About last point: I choose to presume consent because great majority of children is conceived consensually, and as such this is default, and I’d treat a rape victim as a rape victim, not much to say about that one. Case by case.
Rivalarrival@lemmy.today 4 months ago
The only “unneeded” abortions are those that are forced on the mother against her will. Every other abortion is “needed”. (We have not previously considered forced abortions in this discussion, and I see no compelling reason to delve into them now. I mention them only in demonstration that the mother’s needs are valid, so the only abortion that is “unneeded” is the one that she has determined to be unneeded: an abortion forced upon her without her consent.)
The only “help” our hypothetical victim has requested is an abortion, and she hasn’t requested it from you. She has requested it from someone ready, willing, and able to provide that help. Neither she nor that provider want you to be involved at all. She hasn’t asked for your help; she doesn’t want your help. Why are you choosing to involve yourself? What “help” are you going to force on her against her will?
I’ll stop you right there. The rest of your argument is likely true, but the truthfulness of that second part does not justify the first part. You don’t get to make that “choice”.
The only time it is reasonable to presume consent is when you are actually presuming innocence. Where an individual is accused of committing a crime by acting without consent, presumption of innocence requires us to presume consent until proven otherwise beyond the shadow of a doubt. As our situation does not involve anyone accused of a criminal act, there is no valid justification to presume consent.
#You may never infer consent from silence.
If your personal code of morality only allows you to accept abortion in the case of non-consent, you may presume non-consent. You can satisfy your own morality by accepting the possibility that she was raped, and just doesn’t want to talk about it. You can simply presume she meets your arbitrary criteria; you have no need to actually prove her status to any degree of certainty.