What is 'forcible rape' exactly?

By Jonathan Capehart

The intent of H.R. 3 -- a.k.a. the "No Taxpayer Funding for Abortion Act" -- is clear. What's not clear is what, under the act, would still qualify for a taxpayer-funded abortion.

Federal law already prohibits federal dollars from being used to finance abortions, except for pregnancies that are the result of rape or incest or situations in which the life of the mother is endangered. But the vague legislation, brought to you by Rep. Chris Smith (R-N.J.) and 173 co-sponsors, would bar folks from using their health savings accounts to pay for an abortion. And they could forget about availing themselves of tax credits or deductions for medical expenses for an abortion. The scary part is when federal funding of an abortion would be allowed.

'The limitations established in sections 301, 302, 303, and 304 shall not apply to an abortion-- '(1) if the pregnancy occurred because the pregnant female was the subject of an act of forcible rape or, if a minor, an act of incest; or '(2) in the case where the pregnant female suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the pregnant female in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.

'Forcible rape'? The very concept is offensive on its face. How is that even defined? There is no definition in the bill. Maybe I'm a do-gooder liberal who fell for the whole "no means no" mantra of my childhood. Or that rape isn't sex, it's violence. But if a woman or girl gets pregnant through incest or rape (in all ways it is defined or understood) the government should not limit her choice by withholding the funding she could use to end the pregnancy -- if she chooses to do so.

So far, I have not received an answer to my e-mail yesterday to Smith's office asking how he would define 'forcible rape.' I also asked, "Do you have any pushback on the criticism that the law would no longer cover rapes that are the result of a woman being drugged, drunk, mentally disabled or date rape?" I'll update once I get an answer.