Abortion Care is Central to Rape Survivors Reclaiming Their Power
Abortion Care is Central to Rape Survivors Reclaiming Their Power
By Amanda Walsh and Jane Merrick
Deputy Director of External Affairs, and Program Coordinator, Victim Rights Law Center
Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration Ruling
The April 7, 2023 ruling in Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration and the subsequent 5th Circuit decision this week should serve as a call to action to allies across the anti-sexual violence movement. We must demand abortion care for all, including survivors who become pregnant following a sexual assault.
In Alliance for Hippocratic Medicine, a group of anti-abortion activists asked a single federal judge in Texas to order the FDA to rescind its longstanding approval of mifepristone. Mifepristone is a medication that, when used together with misoprostol, can end a pregnancy through 10 weeks gestation (though the World Health Organization recommends its use any time up to 12 weeks). Use of these medications together is often referred to as “medication abortion,” and has been relied on in over half of abortions in the United States. The judge suspended the FDA’s approval of mifepristone, despite the safe use of the drug by more than 5 million people in the U.S. alone over the last 20+ years. This decision is especially harmful to people living in states that have already limited access to abortion (including rural areas), people of color, those experiencing poverty, individuals with disabilities, members of the LGBTQ+ community, and survivors, all of whom already face additional barriers in accessing abortion care. The FDA has 7 days to respond. Regardless of the outcome of this case, the systemic and unrelenting attack on access to abortion care will continue.
Access to medication abortion is central to survivors reclaiming their power.
For now, with the 5th Circuit’s preliminary decision, mifepristone will remain on the market but with significant restrictions, including the 5th Circuit’s changing the approved use down to seven weeks of pregnancy and banning its distribution by mail. The consequences of these decisions, if allowed to stand, are far-reaching — and reinstate prior restrictions that would severely limit access to mifepristone, including in states where abortion is protected. Of particular concern is the possibility that as the appeal process plays out, the 5th Circuit may take mifepristone entirely off the market nationwide. Without the option of a medication abortion, those seeking abortion care will be required to undergo a surgical abortion. This would be yet another situation in which survivors’ choices are taken from them. While some may choose surgical abortion, others may find it to be more invasive and would prefer a medication abortion in a space that feels safe and comfortable to them. This is especially true for someone who just experienced a sexual assault. Decisions about which method to choose should be left to the individual in consultation with their medical providers, not the courts.
Abortion ban exceptions for rape survivors are not enough.
While rape is often cited as an exception to abortion bans, we remain steadfast in our commitment to fight for abortion access for all. Abortion bans that create exceptions for pregnancies resulting from rape are not only difficult to implement – they lack a foundational understanding of the response to sexual violence.
As an initial matter, a survivor’s decision to proceed with an abortion could be challenged, subjecting them to potential prosecution. Assuming a rape survivor can identify a medical provider willing to provide abortion care, these statutes fail to recognize the reality that many survivors do not report to law enforcement. For example, in Idaho, a patient must provide their doctor with a police report to verify the assault. Reporting rates to law enforcement are very low – somewhere between 22% and 34%. Reporting to law enforcement is also not equally accessible to all survivors. Black women are at the highest risk of experiencing sexual violence perpetrated by law enforcement. As we see in our own practice at VRLC, some survivors -including people of color and undocumented immigrants – may have a longstanding mistrust of the police and may not feel like reporting is even an option. Even when survivors do report, many are not ready to do so for months or even years after the assault, which is at odds with the need to receive abortion care as quickly as possible. Exceptions for rape fail to consider the very real issues survivors face in the aftermath of an assault.
If you are one of the 86% who support abortion access for rape survivors, this can only be achieved by fighting for abortion access for all – full stop.
Resources for Survivors, Allies, Attorneys, and Advocates
- Learn about abortion policies in your state.
- Access legal resources if you are seeking an abortion or are an abortion care provider.
- Learn about your legal rights.
- Find and support your local abortion fund.
- Find abortion care near you.
UPDATE: On April 21, 2023, the United State Supreme Court granted the Department of Justice’s request to maintain the FDA’s approval of mifepristone. This means that mifepristone will continue to be available. We will continue to speak up on behalf of all individuals, including survivors, who deserve access to abortion care.
Amanda Walsh is the Deputy Director of Victim Rights Law Center. She is committed to highlighting the ways survivors of sexual violence are impacted by broader policy decisions, including abortion bans, K-12 school discipline laws, and changes to Title IX.
Jane Merrick has been at Victim Rights Law Center since 2020 and plans to attend law school this fall. She is passionate about the intersection of Reproductive Justice and survivor justice. Jane has volunteered with Planned Parenthood for 3 years. You can find similar volunteer opportunities here.