Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BlueCheeseAgain

(1,654 posts)
Sun Jun 26, 2022, 07:51 PM Jun 2022

Why don't anti-abortion laws ever punish the person who gets the abortion?

All of them criminalize the person who performs the abortion, and not the one who receives it (unless they're the same person). In fact, it seems to be a widespread belief among anti-abortionists that the women who get abortions are victims. As if roving abortion doctors are going around giving abortions to unwilling pregnant women.

Why is that? I can think of two obvious reasons:

(1) They really do think women are child-like creatures who are incapable of making reasoned decisions, and thus shouldn't be held responsible for what they do. For some reason, this only applies to abortion. If a woman robs a bank, they don't think she's the victim.

(2) They do think that women who get abortions should be punished, but know that it would be radioactive politically. And they figure banning the doctors who perform abortions is in practice good enough to stop abortion.

I do wonder what would happen if abortion pills were ever made available without a prescription. In that case there won't be a doctor to punish-- and then what would they do?

23 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Why don't anti-abortion laws ever punish the person who gets the abortion? (Original Post) BlueCheeseAgain Jun 2022 OP
that is already changing in some states AlexSFCA Jun 2022 #1
In those cases, they are charging the women for supposedly inducing the miscarriage. BlueCheeseAgain Jun 2022 #7
A TX DA DID charge a woman who presented post-miscarriage, though charges eventually dropped hlthe2b Jun 2022 #2
Sorry about getting you temporarily infuriated. BlueCheeseAgain Jun 2022 #9
Difference without distinction. Still prosecuting the woman, the "victim." hlthe2b Jun 2022 #10
Almost entirely 2 ... its a political calculation that it's easier to go after providers Hugh_Lebowski Jun 2022 #3
Don't give them any ideas emulatorloo Jun 2022 #4
Sounds like a question from trump!!! texasfiddler Jun 2022 #5
IIRC, the piece of shit DID once admit in an interview Buns_of_Fire Jun 2022 #21
Some factions are pushing for just that. Charging both the person who provides the abortion WhiskeyGrinder Jun 2022 #6
If they did do that, what do you think the reaction would be? BlueCheeseAgain Jun 2022 #8
Some would, some could be talked into it, and some would believe it would never happen. WhiskeyGrinder Jun 2022 #11
Currently because women vote. Of course they've gone after women and will Hortensis Jun 2022 #12
IN, not IA jmowreader Jun 2022 #14
Whoops, unintended bad association with IA. To IN's credit, Hortensis Jun 2022 #20
And where do the fathers come into the equation? dutch777 Jun 2022 #13
It has only been 3 days since the decision MiniMe Jun 2022 #15
Give them time. It's coming. jmowreader Jun 2022 #16
Could be pure numbers FBaggins Jun 2022 #17
It is #2. David__77 Jun 2022 #18
Yes. Boomerproud Jun 2022 #23
They will start trying to charge women who go for out of state abortions. roamer65 Jun 2022 #19
I don't believe your premise to be accurate msfiddlestix Jun 2022 #22

AlexSFCA

(6,137 posts)
1. that is already changing in some states
Sun Jun 26, 2022, 07:55 PM
Jun 2022

Unfortunately, women are going to be criminalized for abortions and investigated for miscarriages in some states and jurisdictions.

BlueCheeseAgain

(1,654 posts)
7. In those cases, they are charging the women for supposedly inducing the miscarriage.
Sun Jun 26, 2022, 08:08 PM
Jun 2022

In other words, because they caused an "abortion", not because they received one.

hlthe2b

(102,285 posts)
2. A TX DA DID charge a woman who presented post-miscarriage, though charges eventually dropped
Sun Jun 26, 2022, 07:55 PM
Jun 2022

so don't think they won't try.

But, I have to say your post initially had me thinking you were in support of charging the woman... I was infuriated.

BlueCheeseAgain

(1,654 posts)
9. Sorry about getting you temporarily infuriated.
Sun Jun 26, 2022, 08:11 PM
Jun 2022

I do think when they charge a women who had a miscarriage, they're charging them for allegedly being the person who caused the miscarriage, not for being the person who had the miscarriage. It just happens the two people are the same.

 

Hugh_Lebowski

(33,643 posts)
3. Almost entirely 2 ... its a political calculation that it's easier to go after providers
Sun Jun 26, 2022, 07:56 PM
Jun 2022

Mainly because it's a MUCH smaller number of 'targets' to have to manage.

1000's of individual women have their stories that could tug heartstrings.

Providers ... can be painted as pure mercenaries.

Shut down providers, you shut down abortion is the bottom-line.

Buns_of_Fire

(17,181 posts)
21. IIRC, the piece of shit DID once admit in an interview
Mon Jun 27, 2022, 08:06 AM
Jun 2022

that he thought (paraphrased) "there should be some degree of punishment for the woman."

WhiskeyGrinder

(22,355 posts)
6. Some factions are pushing for just that. Charging both the person who provides the abortion
Sun Jun 26, 2022, 08:08 PM
Jun 2022

and the person who gets the abortion with murder.

BlueCheeseAgain

(1,654 posts)
8. If they did do that, what do you think the reaction would be?
Sun Jun 26, 2022, 08:09 PM
Jun 2022

Would people who are okay with punishing doctors be okay with punishing the patients?

Hortensis

(58,785 posts)
12. Currently because women vote. Of course they've gone after women and will
Sun Jun 26, 2022, 08:28 PM
Jun 2022

big time in future in various states once they get sufficient control. We've all heard of RW congressmen and anti-abortionists calling for anything from prison terms to execution for women who abort their babies? The RW authoritarians that make up the Republican base are famously extremely punitive.

Oh, and women have been prosecuted all along in various places for self inducing abortions not protected by Roe.

VP Pence was Gov. Pence in IA when, under his law, a woman was sentenced to 20 in prison for late term miscarriage she said v feticide and illegal abortion the prosecution charged. The conviction was eventually overturned by IA's appeals court.

How about tRump? This answer caused a shitstorm and he promptly walked it back, but it was intended to be a soft-pedaling of what his base and religious right leaders wanted him to say.

Matthews repeatedly pressed Trump on his anti-abortion views and asked if women should be criminally punished if abortion were outlawed in the US.

Trump hedged at first: "Well, people in certain parts of the Republican Party, and conservative Republicans, would say, ‘Yes, it should be punished.'" ...

Matthews pressed again: "Do you believe in abortion or no as a principle?"

"The answer is there has to be some form of punishment," Trump said.

"For the woman?" Matthews said.

Trump said, "Yes," and nodded. Matthews pressed further: 10 days or 10 years? Trump said he didn't know, and that it's "complicated."

"It will have to be determined," Trump said.

Hortensis

(58,785 posts)
20. Whoops, unintended bad association with IA. To IN's credit,
Mon Jun 27, 2022, 07:53 AM
Jun 2022

it looked like IN was about to dump Pence when tRump offered him a chance to be reborn as VP.

dutch777

(3,020 posts)
13. And where do the fathers come into the equation?
Sun Jun 26, 2022, 08:34 PM
Jun 2022

Whether it is about the abortion or the taking care of the kid when carried to term, seems, dead beat or not, dads get off more often than not. Still too much male view centered lawmaking going on.

jmowreader

(50,559 posts)
16. Give them time. It's coming.
Sun Jun 26, 2022, 09:55 PM
Jun 2022

I think they feel right now that they'd lose support if they suggested prosecuting women for trying to obtain abortions. However, extremist groups like Operation Rescue have always called for it. I've also been told some of them would like to prosecute anyone who's ever been involved with an abortion, which is unconstitutional.

FBaggins

(26,746 posts)
17. Could be pure numbers
Sun Jun 26, 2022, 10:21 PM
Jun 2022

The woman can only have one abortion at a time and likely won’t need another for some time (if ever). But the doctor may have a line of customers waiting.

David__77

(23,418 posts)
18. It is #2.
Sun Jun 26, 2022, 10:36 PM
Jun 2022

This will not end well for them politically. For decades this has been a largely philosophical question. Not any more.

roamer65

(36,745 posts)
19. They will start trying to charge women who go for out of state abortions.
Sun Jun 26, 2022, 10:38 PM
Jun 2022

That’s what they will try first, to scare other women away from doing it.

msfiddlestix

(7,282 posts)
22. I don't believe your premise to be accurate
Mon Jun 27, 2022, 08:17 AM
Jun 2022

I've read a number of reporss of laws passed in various states that criminalize the Women having abortions. I've also read in a number of reports that Women suffering miscarriages will be prosecuted as well.

Latest Discussions»General Discussion»Why don't anti-abortion l...