[net.abortion] sex and punishment

saquigley@watmath.UUCP (Sophie Quigley) (03/05/84)

_0._1.  _T_h_e _p_u_n_i_s_h_m_e_n_t

     The punishment proposed for this particular crime is to
force  the  criminals  to  suffer  the consequences of their
crime, i.e go through with the pregnancy and the raising  of
the child or put him/her up for adoption.

     Sometimes, it is appropriate to force people to  suffer
the consequences of their actions as a punishment for having
being irresponsible, but in this case, the ethicality of the
punishment  is  highly  debatable  as  it involves using the
suffering of another innocent person to  do  so.   The  best
analogy  to  this  kind  of punishment would be to refuse to
give medical  help  to  children  who  are  wounded  in  car
accidents because their parents neglected to buckle them up.
Obviously, this is a case where "forcing people to live with
the consequences of their actions" would be going too far.

     The first message that a society gives when it enforces
such  punishements,  is  that  it does not really care about
what happens to the children, because if it  did,  the  last
thing  it  would want to do is to leave them in the hands of
irresponsible adults.  Society is telling those adults: "you
are irresponsible, therefore you will have children and that
will make you responsible".  A society that cared about  the
welfare of children would never say such a thing, instead it
would say:  "it is obvious that you are  irresponsible,  for
the children's sake you should not have any until you become
more responsible"

     This society is also saying on one hand that the fetus'
life  is sacred, but on the other hand is gambling with this
life by using it as a weapon against  irresponsible  adults,
and  then  leaving  it at their mercy knowing very well that
the majority of abused children are children  who  were  not
wanted  by their parents.  This shows, if anything, a terri-
ble lack of responsibility from the part of that society.

     The second message given by society's use of  pregnancy
as  a  punishment  is  that  it considers that pregnancy and
childraising can be punishments.  It is true that this  view
is  not inconsistent with the one of the criminals receiving
this punishment, but the difference is  that  the  criminals
never pretended that they didn't have this view.  People who
want abortions are not saying that they  are  against  preg-
nancy, or against children, but that they are against a par-
ticular pregnancy at a particular time in  their  lives.   A
society  that  wants  to promote a view of childbearing as a
wonderful experience would avoid at  all  costs  turning  it
into  a  punishment; so by not doing so, it shows how little
respect it has for the whole process of pregnancy and child-
birth,  and how the only thing it considers important in the
whole process, is the life of the fetus, not even its  well-
being.  Unfortunate  as  it  is,  this fact is  certainly not
new.

     The effectiveness of this  punishment  as  a  deterrent
from irresponsability is not known.  What is even less known
is the comparative effectiveness  of  this  punishment  with
other  punishments,  such as letting the woman have an abor-
tion.  Much has been said about the availability of abortion
encouraging  people  to be sexually irresponsible, but it is
important to note that irresponsible sex existed much before
abortion  became so widely available.  What is known is that
abortion serves a as very good deterrent against  "irrespon-
sible"  sex.   Women  who have had abortions tend to be much
more careful sexually afterwards because they do not want to
go  through  another similar traumatic experience again.  It
is my guess that abortion is as  good  a  deterrant  against
sexual "irresponsability" as forced pregnancy.

     Looking at the crime: irresponsible sex,  and  what  is
being  suggested as a valid punishment: forced pregnancy and
20 years of childraising or a  lifetime  of  wondering  what
happened  to  the  child  one  gave  up for adoption, one is
forced to admit that the  punishment  is  disproportionately
severe.   It  seems to me that a society who enforces such a
punishment is not really interested in justice,  but  rather
in making the criminal suffer.  A more just punishment would
be to let  the  woman  have  her  abortion.   The  suffering
involved  in  going  through  an abortion is enough to serve
both purposes of punishment and deterrance.

     Finally, a society truly interested in the  welfare  of
its  citizens  should  be  more  interested in education and
prevention of irresponsible sex rather than in  its  punish-
ment.

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