About presuming she met any criteria: If our aim is to limit unneeded abortions, then this approach is not only invalid, but also damaging. It will work against the target of removing casual abortions while also removing a lot of weight behind act of rape. The second part is dangerous because it could lessen actual amount of help for victims. Also, this means that woman would have to prove she’s a victim - by gaining second opinion, most probably with the help of police, maybe could be done by medical specialist. I’d honestly rather lean onto the other, to remove need for criminal investigation if such is unwanted by victim.
About last point: I choose to presume consent because great majority of children is conceived consensually, and as such this is default, and I’d treat a rape victim as a rape victim, not much to say about that one. Case by case.
The only “unneeded” abortions are those that are forced on the mother against her will. Every other abortion is “needed”. (We have not previously considered forced abortions in this discussion, and I see no compelling reason to delve into them now. I mention them only in demonstration that the mother’s needs are valid, so the only abortion that is “unneeded” is the one that she has determined to be unneeded: an abortion forced upon her without her consent.)
The second part is dangerous because it could lessen actual amount of help for victims.
The only “help” our hypothetical victim has requested is an abortion, and she hasn’t requested it from you. She has requested it from someone ready, willing, and able to provide that help. Neither she nor that provider want you to be involved at all. She hasn’t asked for your help; she doesn’t want your help. Why are you choosing to involve yourself? What “help” are you going to force on her against her will?
About last point: I choose to presume consent
I’ll stop you right there. The rest of your argument is likely true, but the truthfulness of that second part does not justify the first part. You don’t get to make that “choice”.
The only time it is reasonable to presume consent is when you are actually presuming innocence. Where an individual is accused of committing a crime by acting without consent, presumption of innocence requires us to presume consent until proven otherwise beyond the shadow of a doubt. As our situation does not involve anyone accused of a criminal act, there is no valid justification to presume consent.
#You may never infer consent from silence.
If your personal code of morality only allows you to accept abortion in the case of non-consent, you may presume non-consent. You can satisfy your own morality by accepting the possibility that she was raped, and just doesn’t want to talk about it. You can simply presume she meets your arbitrary criteria; you have no need to actually prove her status to any degree of certainty.
About presuming she met any criteria: If our aim is to limit unneeded abortions, then this approach is not only invalid, but also damaging. It will work against the target of removing casual abortions while also removing a lot of weight behind act of rape. The second part is dangerous because it could lessen actual amount of help for victims. Also, this means that woman would have to prove she’s a victim - by gaining second opinion, most probably with the help of police, maybe could be done by medical specialist. I’d honestly rather lean onto the other, to remove need for criminal investigation if such is unwanted by victim.
About last point: I choose to presume consent because great majority of children is conceived consensually, and as such this is default, and I’d treat a rape victim as a rape victim, not much to say about that one. Case by case.
The only “unneeded” abortions are those that are forced on the mother against her will. Every other abortion is “needed”. (We have not previously considered forced abortions in this discussion, and I see no compelling reason to delve into them now. I mention them only in demonstration that the mother’s needs are valid, so the only abortion that is “unneeded” is the one that she has determined to be unneeded: an abortion forced upon her without her consent.)
The only “help” our hypothetical victim has requested is an abortion, and she hasn’t requested it from you. She has requested it from someone ready, willing, and able to provide that help. Neither she nor that provider want you to be involved at all. She hasn’t asked for your help; she doesn’t want your help. Why are you choosing to involve yourself? What “help” are you going to force on her against her will?
I’ll stop you right there. The rest of your argument is likely true, but the truthfulness of that second part does not justify the first part. You don’t get to make that “choice”.
The only time it is reasonable to presume consent is when you are actually presuming innocence. Where an individual is accused of committing a crime by acting without consent, presumption of innocence requires us to presume consent until proven otherwise beyond the shadow of a doubt. As our situation does not involve anyone accused of a criminal act, there is no valid justification to presume consent.
#You may never infer consent from silence.
If your personal code of morality only allows you to accept abortion in the case of non-consent, you may presume non-consent. You can satisfy your own morality by accepting the possibility that she was raped, and just doesn’t want to talk about it. You can simply presume she meets your arbitrary criteria; you have no need to actually prove her status to any degree of certainty.