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Harriet Jacobs of Fugitivus, who works in a municipal (I think) legal justice system and volunteers to help pregnant minors obtain parental-notification exemptions for abortions has the rundown on just how her state’s (and very likely most states’) rape-victim exemptions work. Or rather don’t.

I’m not saying that there aren’t some stone cold stupid obnoxious young boys out there who are getting their counterparts pregnant. I know there are. When girls who were knocked up by age-appropriate boyfriends come in, the boyfriends come with them (and make out in court). Girls who come in alone, I assume, didn’t have a boyfriend; they had an abuser. Now, technically, there’s a rape exception in the notification law. If you have been raped, you do not have to go through the judicial bypass — you get a bonus abortion, no paternalism attached! But because, lord knows, women are big fat liars about rape, and because women will resort to desperate measures to acquire medical care that we all know they don’t really need (what they need is a baby), a girl can’t just say she was raped and get a free bypass. She has to report her rape to the police. And since the police are going to tell your parents anyway, well, in for a penny, in for a pound.

I can’t conceive of any possible scenario where a girl reports her rape to the police, but hides her pregnancy and subsequent abortion from her parents, the police, the investigators, the judge, the jury, and the attorneys. I suppose it is possible, but is it probable? Is it reasonable? We don’t trust these girls with the decision to have or not have children, but we think they should be capable of maintaining an intense secret after a horrific trauma and during police and attorney interrogation?

So the exception for the bypass law is, in this case, completely self-defeating. For a girl to meet the criteria for the exception, she will no longer need the bypass. Which again shows you the intent of the law, and the exception: neither were ever instituted with the intention that they be used. Additionally, knowing that the rape exception was only added after intense public pressure illustrates its function quite clearly: the rape exception is to make politicians look like something less than paternalistic monsters, while preserving the paternalistically monstrous power to deny all young women (including rape victims) the right to access desperately needed medical care.

She said it here.

When I was a teen peer counselor back in the days before the Supreme Court decided Roe v. Wade my home state had a variety of too-clever-by-half laws that defined things like 10-month review processes for pregnancy terminations. It was part of the insult legislators routinely added to add calculated insult to often very-real injury.

This sort of unusable rape “exception” suggests only that they’re more sophisticated, not that they’re any less clever-by-half, nor any less interested in insulting and injuring.

It’s still not ok.