[net.abortion] punishment & abortion

saquigley@watmath.UUCP (Sophie Quigley, Univ. of Waterloo) (03/01/84)

     In this section, I will refer  to  "punitive-pregnancy"
groups  as  groups who are advocating using forced pregnancy
as a punishment for people who have not "behaved"  properly.
People  of such beliefs are to be found both in the pro-life
and pro-choice groups.

_0._1.  _T_h_e _c_r_i_m_e

     Even though in most people's minds the crime  is  quite
clear:  lack  of a responsible attitude while having sex, it
is not very easily defined, and the definition  varies  from
person  to  person,  as the responses to my questions showed
(which I didn't post, but I can  tell  you  that  they  were
varied). Basically it seems that each person has her/his own
definition  of  "sexual  responsibility",  and  some  people
believe that they should impose their view of responsability
on other people.  There is nothing new  about  this,  except
that the means used in this case are very debatable.  I will
talk a bit more about responsability later on, but  for  the
purpose  of  the  present chapter, I can safely (I hope) say
that the crime in question here is "having the  wrong  atti-
tude about sex and parenthood".

_0._2.  _T_h_e _c_r_i_m_i_n_a_l_s

     The criminals can be defined as  "the  people  who  are
guilty of the crime and who will be punished if caught".  In
most cases - except when one of the sexual partners lied  to
the  other  about  their  use  of birth control or attitudes
about parenthood - the people who are guilty  of  the  crime
are  both  sexual partners, yet of the two, the woman is the
one who is punished the most severely if  the  pregnancy  is
not  allowed to be terminated.  If the child is given up for
adoption, she will be punished physically by being foced  to
stay pregnant against her will.  The father will not be pun-
ished.  If the child is not given up for adoption, not  only
will  she  be punished during her pregnancy, but she will be
punished afterwards for the next 20 years or so, taking care
of a child she did not want.  The father will be punished in
the sense that he will have  to  support  the  child  finan-
cially,  but  this is the only legal punishment reserved for
him.

     Notice that I am not talking about the  actual  punish-
ments,  as some fathers might decide to marry their lover to
provide a home for the child, or might decide to  share  the
mother's  punishment  by  taking an active role in the preg-
nancy, childbirth and care of the child, but  I  am  talking
about the "legal" punishments: except for the financial sup-
port of the child, the father is not punished by the law for
his crime; as any parent knows, financial support is useful,
but is nothing compared  with  all  the  rest  of  the  work
involved  in  bringing up children.  Therefore the punitive-
pregnancy legal systems to date have been  very  anti-women,
punishing  only mainly the woman of the guilty couple.  This
is not to say that  an  equitable  (in  a  sense)  punitive-
pregnancy  legal  system  could  not be devised whereby both
partners could be as much as possible equally punished,  but
simply that no such system has existed yet to the best of my
knowledge, and that groups  concerned  about  punishment  of
this  specific  crime  have not been too concerned about the
equitability of  their  punishment  system,  justifying  the
feminist   accusations  of  rampant  women-hating  in  these
groups.

     Turning my attention to the  selection  of  the  guilty
couple.   It  is  interesting  to note that the only couples
being punished for their crimes are those where  the  mother
actually  becomes pregnant.  If society is interested in the
punishment of this particular crime, it  should,  if  it  is
equitable, also punish those who are found by other means to
have commited the crime, and the punishment  should  be  the
same  as  the  one  for those who get pregnant: forced preg-
nancy.  Yet, the mere suggestion of  such  a  punishment  is
revolting  to  most for many different reasons most of which
could be used as pro-choice arguments.  I will not list them
here  as  I will (or have already) mentioned these arguments
somewhere along the way in this monologue (if  I  am  wrong,
please correct me).

     Again this is not to say that it would be impossible to
devise a punitive-pregnancy system whereby all guilty people
could be punished whether or not they get pregnant, but sim-
ply  that such a system is not being seriously considered by
people interested in punitive-pregnancy systems.  This could
mean a few things:

1    that punishment of this crime is not worth  setting  up
     such  a system, in which case, why set up the system in
     the first place if not to make a few people  suffer  or
     to use those people for deterrence purposes?

2    That the punishment system is just an excuse for  some-
     thing  else, in which case, why not be honest and state
     the real purpose?   maybe  there  are  better  ways  of
     obtaining what is wanted.

3    That only pregnant women are sufficiently guilty to  be
     punished.   The  only difference between them and other
     women who commited the same crime, is their  fertility,
     something  they  probably  have  no control over.  This
     would also justify some  feminist  claims  of  complete
     disrespect for women's fertility by society.

_0._3.  _T_h_e _p_o_l_i_c_e

     As only  pregnant  women  are  punished  under  current
punitive-pregnancy  systems,  the policing for this crime is
be very easily done.  The women's own bodies  take  care  of
it.   This implies, that women who do not whish to have many
children will consider their own  bodies  and  fertility  as
alien  to  themselves, waiting to catch them doing something
wrong.  This paranoid schizophrenic attitude about their own
bodies  is  already  quite  common  among women who practise
birth control, as birth control is  a  power  fight  between
women's  will and their bodies.  The methods used to silence
the body are more or less forceful and harmful but they  are
antagonistic,  and  create a mistrust of their own bodies by
women. Using their own fertility as a  watchdog  over  women
will  only reinforce this antagonism.  The result will often
be self-hate and a feeling of being  trapped  by  one's  own
anatomy,  something  we  are barely starting to come out of,
thank god.

     This self-hate is a  very  powerful  tool  for  anybody
interested in the subjugation of women, this is why it is so
important to really look very closely  at  our  motives  for
proposing  such  a punitive-pregnancy system.  If the system
is not completely equitable, then one has reasons to  wonder
whether  it  is not simply an excuse to hit a specific group
people.

     (.....  to be continued ........)

                        Sophie Quigley
                        ..!watmath!saquigley





























                       March 1, 1984

mmt@dciem.UUCP (Martin Taylor) (03/04/84)

Sophie's analysis of the prohibition of abortion as punishment of the
mother (and perhaps father) for irresponsible attitudes is very acute.
Perhaps is should be extended, because the child whose birth is forced
is equally being punished by being brought into the world unwanted
and probably unloved.  Such a child may well wish s/he had never been
born.  To be brought up unwanted can truly be a fate worse than death.

So the punishment the  "moralists" want to visit upon the unfortunate
parents is probably the only true case of the sins of the fathers being
visited upon the sons.
-- 

Martin Taylor
{allegra,linus,ihnp4,uw-beaver,floyd,ubc-vision}!utzoo!dciem!mmt

pmd@cbscc.UUCP (Paul Dubuc) (03/06/84)

[from Sophie Quigley:]
>      In this section, I will refer  to  "punitive-pregnancy"
> groups  as  groups who are advocating using forced pregnancy
> as a punishment for people who have not "behaved"  properly.
> People  of such beliefs are to be found both in the pro-life
> and pro-choice groups. ...

> ... If the child is given up for
> adoption, she will be punished physically by being forced  to
> stay pregnant against her will.  The father will not be pun-
> ished.  If the child is not given up for adoption, not  only
> will  she  be punished during her pregnancy, but she will be
> punished afterwards for the next 20 years or so, taking care
> of a child she did not want.  The father will be punished in
> the sense that he will have  to  support  the  child  finan-
> cially,  but  this is the only legal punishment reserved for
> him. ...

Sophie,
I don't know how you can expect pro-life people to listen to an
argument that totally ignores the issue of whether or not the
fetus is human and has rights of its own.

I do not see this as an issue of "punishment" for those who have
not "behaved" properly.  People should be able to accept the
natural consequences of their behaviour, whether or not its result
is what they had intended; especially where the life or death of
another human being (the fetus) is concerned.  Those using imperfect
birth control methods should be able to accept the fact that pregnancy
is still a possiblity.  Sure, removing abortion as a legal and "safe"
alternative will affect the "sexual freedom" of some.  But I think that
human lives weigh much heavier in the balence than that kind of "freedom".

I don't think rape justifies abortion either.
This doesn't mean I don't regard rape as a hateful act.  I just don't
think that killing an innocent fetus is the answer, or even helps the
situation.  I think it may even compound the problem more than the pregnancy.
(But what do I know?  I'm a man.  Well, I've heard it from plenty of
women.)  Emotion aside, what real justification is there for making
an innocent child bear the brunt of our hate and hurt resulting from
rape?  I think our efforts are better spent trying to combat the occurence
of rape in our society than making abortion part of the supposed solution.
The circumstances under which the pregnancy comes about don't make
any difference in a consistent pro-life stand.  (Although it's possible
that the medical condition of the pregnancy might make a difference.)

With regard to sexual conduct and abortion, where do you place such
groups as "Feminists for Life" who take the position that abortion on
demand supports the image of the woman's body as being a "reusable" sex
object?  (Think about it.  It might make sense.)

Also, you portray pregnancy and child raising as a burden and "punishment"
without regard to the not-so-rare complications of abortion.  Are such
consequences also to be considered "punishment"?  From whom, and for what?

If the fetus is a human being with equal rights, then yes the
the mother should be "forced" not to kill her child in the womb.
(That's another way of looking at it isn't it?)  And the father
should be "forced" to bear financial responsibility.  If that isn't
possible, alternatives to abortion can still be worked out.  (Yes, it
will cost some people some money, but I think it's worth it.  I will, and do,
contribute willingly). If you still think this to be "punishment", well,
you can *call it* whatever you want.

If the child is not adopted then the parents are not being punished.
No one forced them to keep the child.  It sure is hard to let go
of your baby after you've seen it, but if you're going to hate taking
care of it for the next 20 years, then giving is to a couple who would
love to take care of it (there are plenty of those.  There's a seven
year waiting list in Columbus) is a more responsible decision than
"terminating" it.  The courts see plenty of justification in taking children
away from parents who abuse them because they consider such parents to
be irresponsible.  (This is only to show that the law does rule on what
it considers to be responsible behaviour in parents.)

For what crime is the fetus being punished with death?

(Trying to keep the issue in focus.)
Paul Dubuc

saquigley@watmath.UUCP (Sophie Quigley) (03/06/84)

Paul Dubuc,

If you read the preliminary articles I posted on the subject, you will see
that the particular article on Sex and punishment was addressed at people
in the pro-choice camp who were willing to let women have abortions depending
on how "hard" they had tried to control their fertility.  As I said in my
first article on the subject in net.women, I am not adressing my articles
to people like you who have a completely different ethical system from mine;

In your system, life is THE most important value.  In mine, it is alright
to kill under certain conditions.  I am trying to explore what are those
conditions and how valid they are.  Please read my original articles and you
might get a better idea of what I am trying to do.

				Sophie Quigley
			...!{decvax,allegra}!watmath!saquigley

cej@ll1.UUCP (Chuck Jones MMOCS) (03/06/84)

[]

Paul,

	I yield you your right to your opinion, but I really am
amazed that you would not allow a women to have an abortion after a
rape that caused a pregnancy!  I do agree with you that the ultimate
answer is to prevent rape.  I do object, however, to your comment
that pro-choice people think that abortion is "part of the answer". 
(Apparently part of the answer to the question of rape.)  Let's not
put words in the pro-choicer's mouths.  Abortions after the fact
will obviously not do anything to prevent rape.

	However, to condemn a woman to carry the fetus of a rapist??!
To make carry a constant reminder of the assault she suffered?  To
make her have the baby of a man who committed the ultimate violation
of her person and her spirit?  A rape must be the hardest of traumas
to overcome, even if the woman was not seriously harmed.  And you
really believe that it is better for her to have this baby, and ruin
here life, and the child's, than to have an abortion?  (Yes I said
ruin the child's.  I can't imagine that most woman could really ever
love this child, and I can't imagine that they would treat their
body properly during pregnancy (probably damaging the child), if
they could even withstand it mentally.  And, yes I believe that this
kind of stress will damage the fetus.)

	I'm kind of in the middle on the rest of the issues, but of
this I'm sure; no woman should be forced to bear her rapist's child.
This is the ultimate punishment of the ultimate victim.

...we13!ll1!cej			Chuck Jones