Introduction
Abortion can be referred to as when pregnancy is terminated so that it does not lead to birth, and it can be done either by use of medicine or surgical process. Since time immemorial, the process has been debated, and laws have been made and amended differing from state to state and country to country. In as much as the right to life is entitled to anyone, and under no circumstance shall someone takes another person’s life. However, at times abortion may force someone to violate the law, such as when life is at stake, on health grounds, and under rape or incest. Such situations underscore the need for the law to be flexible.
For instance, the newly proposed Texas State law comes out as too strict as it states that the weeks required for abortion is eight weeks and below. Ideally, the law should be adjusted to at least 13 weeks to make proper choices. This research aims to find solutions to these issues surrounding abortion and to justify why the above proposals need to be considered when implementing or adjusting abortion laws.
Discussion
Rape, as stated by the law, is a crime, and occasionally, victims may get pregnant. Such individuals should qualify for lawful safe abortion because they may not want to carry the baby. Occasionally, victims are required to provide evidence that their pregnancy resulted from rape to justify the need for abortion. Notably, in some countries, evidence from the police and medical reports from the forensic analysis is required to prove one is a rape victim and permit one to abort (Radhakrishnan et al., 2017). Rape causes post-traumatic stress to the victims, which can be exacerbated if pregnancy occurs due to the act.
The evidentiary burden should be exempted in such cases, and victims should have quick access to safe abortion. Moreover, research has shown that bureaucratic processes associated with rape investigations increase depressive symptoms, leading to other detrimental effects, such as suicide, miscarriages, and drug abuse (Hansen et al., 2019). Thus, laws or bureaucratic processes associated with rape reporting and investigations should be abolished because some of these reports may take ages and processes to complete.
Refusing to provide safe abortion services prolongs and intensifies mental and emotional pain. Rape victims face numerous shocks, ranging from the perils of pregnancy during the violence to social and familial stigma and ostracism when the pregnancy is the consequence of rape. Indeed, rejection of abortion care has explicitly been declared to result in severe emotional and bodily distress, constituting brutal and inhumane treatment in certain circumstances (Ballantyne, 2021).
Therefore, it is prudent for all rape victims to be provided with good abortion services without delay. Furthermore, the extensive research by Elvandari (2020) on pregnancy resulting from rape depicts that in most jurisdictions worldwide, abortion is illegal with exemptions from rape, yet this is not the case in Texas. In this regard, uniform laws across states are required to ensure that rape victims find the closure they need.
The time to abort is fundamental for the survival of the mother and the prevention of dire consequences. Furthermore, early abortion is less costly, safer, and more straightforward than when undertaken later. Concerning this, the ideal time to abort should be at around 12-13 weeks, considering all the safety measures are accounted for, and the mother’s survival is guaranteed. Unfortunately, the new Texas law requires that abortion be carried out within eight weeks of confirmed pregnancy.
Coleman-Minahan et al. (2019) view Texas law as rigid and inconsiderate in that, in events of rape, victims may undergo mental breakdowns, and their lives might be at stake. As a result, they may take a little longer to come to their senses and a sound decision on whether to abort or not. Therefore, it is appropriate to amend their laws to 12-13 weeks to give the victims ample time to make well-informed decisions. Notably, eight weeks may be too early for some women to know they are pregnant.
Some women may take longer to process the events of rape; thus, they may take the time to decide when to abort, and most likely, this will settle them in the second trimester of abortion. Nonetheless, some may only realize that they are pregnant after 13 weeks if they do not exhibit early pregnancy signs and others have irregular periods. At 13 weeks, women are perceived to have sought the care and standard procedures and consequences of aborting (Hansen et al., 2019).
Consequently, it is essential to note that at 13 weeks, women are psychologically prepared to do abortion as they already know the consequences and the care at this stage. Hence, they should not be forcefully subjected to an early stage to abort at eight weeks as per Texas State (Mark et al., 2018). As much as early abortion is safer, it is noted by Kapp et al. (2019) that it is sensible to extend the gestation period for abortion to at least 8 weeks. Extending this period will allow women access to more quality abortion services.
Conclusion
Abortion is not a crime as some may deem it; rather, it may be a lifesaving process. In a bid to advocate for legalizing abortion in rape and the time frame to abort, it is significant to note that choices have consequences. Unfortunately, some may take this for granted and overuse the privilege entitled to them. Therefore, instead of enacting strict abortion policies, there should be flexible laws that aim to provide effective solutions. As exemplified in this paper, in a rape case, victims should not be frustrated to provide enough evidence of rape to have access to safe abortion because it adds to their trauma.
References
Ballantyne A. (2021) Feminist accounts of abortion. In Abortion. Springer, Cham.
Coleman-Minahan, K., Stevenson, A. J., Obront, E., & Hays, S. (2019). Young women’s experiences obtaining judicial bypass for abortion in Texas. The Journal of Adolescent Health : Official Publication of the Society for Adolescent Medicine, 64(1), 20–25. Web.
Elvandari, S. (2020). Legalization of abortion against victims of rape crimes viewed from victimology perspective. Jurnal Hukum & Pembangunan, 50(1), 1-19. Web.
Hansen, N. B., Hansen, M., Campbell, R., Elklit, A., Hansen, O. I., & Bramsen, R. H. (2019). Are rape cases closed because of rape stereotypes? Results from a Danish police district. Nordic Psychology, 71(1),51-61. Web.
Kapp, N., Eckersberger, E., Lavelanet, A., & Rodriguez, M. I. (2019). Medical abortion in the late first trimester: A systematic review. Contraception, 99(2), 77–86. Web.
Mark, K. S., Bragg, B., Talaie, T., Chawla, K., Murphy, L., & Terplan, M. (2018). Risk of complication during surgical abortion in obese women. American Journal of Obstetrics and Gynecology, 218(2), 238.e1–238.e5. Web.
Radhakrishnan, A., Sarver, E., & Shubin, G. (2017). Protecting safe abortion in humanitarian settings: Overcoming legal and policy barriers. Reproductive Health Matters, 25(51), 40-47. Web.