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Idaho State Senator Chuck Winder Wants Raped Women to be Quizzed About Their Rape by a Doctor

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Republicans are seeking to distance themselves from Rep. Todd Akin's now infamous rape comment, in which he claimed that during a "legitimate rape" women can somehow shut down and prevent a pregnancy.

However, Rep. Akin is not the only Republican to tread on this thin ice.

Rep. Paul Ryan sponsored a 'forcible rape' bill, which he now refuses to define.

Back in March, Idaho Republican State Senator Chuck Winder sponsored a 'double ultrasound bill,' which would require women to have two ultrasounds before having an abortion, reports Jezebel.com.

The first ultrasound would be free, but women would have to have the procedure performed at a pro-life crisis pregnancy center. If the woman still wanted the abortion, she would have to pay for a second ultrasound.

Winder's 'Double Ultrasound Bill' would also have required two ultrasounds if a woman had been raped, were victims of incest, or in the case of a medical emergency.

At the time, Winder said of the opposition to his bill: “Rape and incest was used as a reason to oppose this. I would hope that when a woman goes in to a physician with a rape issue, that physician will indeed ask her about perhaps, her marriage, was this pregnancy caused by normal relations in a marriage or was it truly caused by a rape. I assume that’s part of the counseling that goes on.”

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Comments

JohnAllmanUK.Wordpress.com's picture

It would have been helpful to

It would have been helpful to have quoted the draft legislation that mentioned "forcible rape". Absent a statutory definition, the courts would interpret the phrase using the ordinary meanings of the two individual words.

Examples of rapes that are not literally forcible include:

1) raping a victim who is too drunk to give consent 2) raping a victims who is unconscious 3) raping a victim who does not resist, even though she does not consent, for whatever good reason - fear and caution being common reasons for not resisting.

There are several reasons why I think that it would be unhelpful to pass legislation that distinguishes between forcible rapes and other rapes:

1 Rapes that overcome resistance with violent force aren't necessarily the worst rapes, deserving of the worst sentences, though it is easy to see why people thinking about rape in the abstract might say this.

2 It is always possible to charge the use of force separately from the sexual intercourse without consent, and to pass two sentences, one for the use of force, another for the rape.

3 Any penetration of requires the use of "a force" in the sense used in physics, so the question of when "a force" becomes "force" in the legal sense of violence separate from the violence of rape itself is tricky.

It does sound to me as though abandoning the legislation was wise.

gem's picture

The UN had the same issue

The UN had the same issue with the words "forceable rape". Thank you for this detailed explanation.

kerryberger's picture

From what dank and dingy cave

From what dank and dingy cave do these ugly Republican Legislators at the State and Federal level come from? It is so disheartening to see the level of malevolence, lack of sensitivity and simply lack of common sense they have with these crude ideas about treating women rape victims. Why is the onus placed on women. What is wrong with these people? Their expression of misogyny is so un-American and out of touch with our values of equality and respect for the individual. I hope these trolls are thrown out of office by the electorate. I worry about the future of our nation if voters choose to reelect these awful people.

knight4444's picture

I've been telling people

I've been telling people every since Mccain picked Sarah the milf Palin that the republicans are throwing elections!! The republican party have Willard rommey as their pick!!!!!??? over Ron paul or Jon huntsmans??? somethings fishy here!! republicans don't even like rommey!! and the republican party screwed Paul so he couldn't win. in Michigan the gop screwed Santorum and gave Rommey special treatment.I've been saying that since Bush destroyed the economy destroyed our reputation to the world republicans don't want the whitehouse any time soon!! Republicans want the house and the senate!! That's where the real power is the president can't blow his nose without congress!! So why not let the dems have the presidency while they obstruct and make the dems president look ineffective! once they've completely embarred dems that's when they'll start running serious candidates, not these fake politicians

MANthrax's picture

Bush or Chenney whomever you

Bush or Chenney whomever you believe was calling the shots ruined it for me. My heart is still Republican but these clowns holding office now are a disgrace to the true GOP. Chris Christy, Richard Hanna,are good but my independent/republican is Ron Paul. We need a shake up, media sold us out and is so biased these days. I just want to puke as I'm typing this...

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