How do you prove that you were raped if you were, and need to get an abortion, in such a country? That could take a long time, and abortion is pretty time-sensitive, so I’ve always been curious about this. Thanks.
You`d had reported the rape (at the time of the attack). Medical examination can determine if a carnal access was forced or not.
If the attack ended up in pregnancy, then you can present the police atatement to request an abortion.
But what if there was no sign of forced entry? Not every rape results in injury. Like what if it’s a case where it’s someone you know and you’re too scared to fight back?
I think the point DonJorge is making is that if you want to use “I was raped” as a way to get an abortion, you have to have reported the rape back then, not when you end up pregnant. Yes, not every rape involves lots of injury but there is probably some signs of minor vaginal trauma at the time due to the assailant’s actions, and you’d be expected to have a rape kit done and press charges. From there it’s a he said/she said case, maybe some witnesses if applicable, that kind of thing.
It sounds like you’re really asking how one prosecutes a rape case, especially one of acquaintance rape/‘non-violent’ rape, which is only vaguely related to the topic of abortion here.
No, I’m definitely interested in the issue of proving it in nations where you need to prove rape for an abortion. I mean, I’ve read that so many rapes go unreported and that there often just isn’t that physical evidence. In a situation where someone doesn’t want to go through the added trauma of reporting it/subjecting themselves to a physical analysis, are they just up shit creek if they want to seek an abortion if they find themselves pregnant?
Yes, that would be the case if the rape was not reported. Then the only options would be to continue with pregnancy (and maybe give the kid up on adoption), seek an illegal abortion, or get an out of country abortion.
Can those giving an answer to this question identify which country they’re talking about?
The above holds for Brazil. It’s probably the same in Spain, Ecuador, Colombia & Bolivia.
At least in Spain, there are additional exceptions for the physical and mental health of the mother and a few other situations. So there would be a few other options there.
It’s basically another legal barrier to abortion. As Freudian Slit noted, many rapes go unreported for various reasons. Some reasons might be that the woman (and I know men can be raped too, but we’re talking about pregnancy here) might be ashamed or feel stigmatized, or she just wants to forget it even happened, or she was drugged and didn’t realize she’d been raped, she might think she was partially at fault, the rapist might be a “friend” or family member, or her rapist is of a much higher status/class than she is.
While a rape exception might look like a humane concession, it’s not much of an exception. It’s hard enough to get people to report rapes in the US, and until very recently, rape victims were treated with scorn and disbelief. They might still be, for all I know. The rape exam is also traumatic for someone who’s just been violated.