Pregnancy as a harm?
Michigan's Appellate Court ruled in 2004 that a pregnancy that resulted from a rape should be considered a bodily injury for sentencing purposes. Interestingly, all three possible outcomes of a pregnancy-abortion, miscarriage, or childbirth-are considered to bring with them significant and substantial physical, psychological, and emotional changes. While the immediate impact of the ruling in People v. Cathey affected only the guilty individual, there are larger implications for this ruling beyond just sentencing guidelines. The ruling can be considered a step forward in prosecuting rapists, but possibly at the expense of reimagining the female body. This article considers the Cathey ruling itself, the potential benefits and consequences of this understanding on feminist discourse, and, crucially, the impact of this decision on abortion discussions. The central question that emerges is, can we both consider pregnancy a harm and believe that this harm is not always wrong-making?
York College of Pennsylvania, English and Humanities Department,York, PA 17403, USA. rkraft1@ycp.edu
Rory E
RE
Kraft
D000028:Abortion, Induced / Q000941:ethics / Q000331:legislation & jurisprudence; D001828:Body Image; D019548:Crime Victims / Q000523:psychology*; D005260:Female; D006801:Humans; D036801:Parturition / Q000523:psychology; D011247:Pregnancy / Q000941:ethics* / Q000523:psychology; D011902:Rape / Q000331:legislation & jurisprudence*; D012307:Risk Factors; D012931:Social Environment; D016387:Women's Health / Q000941:ethics / Q000331:legislation & jurisprudence; D014933:Women's Rights / Q000331:legislation & jurisprudence