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General Question

MadMadMax's avatar

If abortion were successfully made illegal again, how should the women that have had abortions be punished?

Asked by MadMadMax (3392points) February 9th, 2014

Through health records and outspoken supporters who have had abortions, names could be collected and probably already are by the NSA. It’s rather unlikely that they are not.

How would you deal with the millions of women, married women with children, unmarried women with kids, female college students, pre-teens, children—How should these women be dealt with or would there be an official amnesty? How is it possible for women to keep their abortions secret? Should those who can afford to travel, leave the country to get their health care and quietly return?

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29 Answers

snowberry's avatar

I wouldn’t prosecute them, I’d prosecute the abortionists, the people who performed the abortions.

Edit: And of course, nothing should be retroactive. Once something is declared illegal, only then should it be prosecuted.

janbb's avatar

They couldn’t be prosecuted for something that was done while it was legal.

chyna's avatar

Since the women got their abortions while they were legal, there would be no repercussions.

filmfann's avatar

What a horrible, convoluted thought.
Of course those who had abortions will never be prosecuted. It will subject too many Republicans to public scrutiny.

jca's avatar

What @janbb said. There was no crime committed, therefore no prosecution.

MadMadMax's avatar

Neel Kumar, of India responded to this same question:

“The woman would be required to be a servant in a prison for a period of 6 months. After that, she would be required to wear a plastic jar around her neck for the next 20 years. In that jar would be the balls of the man that got her pregnant.”

He’s serious
another answer:

Sanjay Sabnani, Citizen. (I would assume citizen outside the USA)
‘They should be deported to the US or some other godforsaken country that tolerates such deviants.’

MadMadMax's avatar

Question f abortion were successfully made illegal again…...


So I assume you vote for amnesty.

How would you handle the amnesty?

Names kept secret ( ha) protected by law or list of names of the perpetrators provided to the public?

keobooks's avatar

Ex post facto laws are expressly forbidden by the United States Constitution, That means you can’t prosecute someone for doing something that was legal at the time they were doing it.

MadMadMax's avatar

^^Hypothetical question. Not necessarily based on US law.

MadMadMax's avatar

In Ireland, I believe it’s up to 14 years imprisonment.

keobooks's avatar

@jca @filmfann @chyna @janbb and @snowberry all pretty much said exactly what I said, except that I mentioned the Constitution. I think you’re going to be alone in searching for answers to such a morbid question and posting them.

MadMadMax's avatar

Anthony Goriainoff, American Journalist living in Europe. wrote:

I think that living in a country which outlaws abortions is punishment enough.

MadMadMax's avatar

Ellen Levitt, doer of stuff wrote:

Pay $1

MadMadMax's avatar

Rae Griffen, wrote:

It would depend largely on the justification for legalization.

If it’s determined that a fetus is a human person with all the rights and privileges inherent to that condition, the woman (and anyone who compelled her to her decision) should be charged with murder or manslaughter and punished accordingly.

Some anti-bortionists, though, acknowledge the difficulty of determining personhood at that point in human development and insist that abortion should be evaluated on a case-by-case basis with punishments ranging from fines to mandated psychological treatment.

MadMadMax's avatar

See it can be answered in all different ways.

keobooks's avatar

You mean like this?

Copying and pasting stuff from another site, quadruple posting stuff so it looks like you’re having a conversation with yourself? I’m trying to figure out how to say how totally bizarre this thread is without making it a personal attack.

I have to say this is one of the weirdest things I’ve ever seen on a Q&A site and that says a lot.

MadMadMax's avatar

I had no such motive. Where do you get these ideas.

I just wanted to post a question that would garner more activity and discussion and when you decided it was time to announce it was finished, I provided more examples of how the same question was addressed on an international forum.

On two threads at the same time? – I feel as if I’m box with someone with hot flashes.

keobooks's avatar

I wandered in here because I thought there would be an interesting conversation going on. But I just see everyone saying what I said and then one person cutting and pasting stuff from another site, when a LINK could have sufficed. Like This is how they responded on the REAL Q&A site

But to cut and paste, quadruple posting at that… well, it seems more than kind of lame.

This isn’t the type of question that really flies on fluther, Most of the people tend to be more liberal and therefore cringe at just “make abortion illegal again” I think there is more of a variety of posters on quora.

They are just two different sites. Get over it, already.. If they were both the same, they wouldn’t both need to exist. I have been on that site. I was a member there a few years ago. It has interesting stuff on it, but it’s not really my thing. If it were, I’d be there instead of here.

When you keep bringing it up it’s like someone from a large city bragging about how much more awesome than a tiny town to the local residents. And the local residents like where they live and specifically don’t want to move to the big city.

Quora is teh Awesomesauce. I get it. I get it. You don’t have to bring it up in 10 jillion different threads already. You certainly don’t have to cut and paste questions from over there to here.

jca's avatar


Obscurethinktank's avatar

If women that had abortions were to be punished, then they should be punished just the same as any other criminal.

MadMadMax's avatar

@Obscurethinktank Criminal of what crime? There is a lot to think about.

Obscurethinktank's avatar

If Abortion is illegal, then people that get them are criminals.

keobooks's avatar

She’s talking about punishing the people who got them while they were legal—not the people who got them after they were made illegal. That would be a totally different story.

LostInParadise's avatar

The relevant question is, should women be punished for having an abortion at a time when abortion is illegal? Those who are anti-abortion always dodge this question, but it is relevant. If abortion is a crime and a woman chooses to have an abortion then she is an accomplice and deserves to be punished. This of course exposes the absurdity of the anti-abortion stance. My mother was anti-abortion until I posed this question to her. Then she changed her mind.

MadMadMax's avatar

@LostInParadise That is fascinating. Thanks for that argument.

MadMadMax's avatar

Please Keobooks just leave me alone. I’m tired.

keobooks's avatar

@LostInParadise—What did they do pre Roe v Wade? I always figured they punished the doctors or other abortionists and not the women themselves. You could lose your license to practice medicine over that.

MadMadMax's avatar

Women often got abortions through “back alley abortionists” not typically doctors. They were hard to find. Other women used abortive drugs which have been around for hundreds of years but usually the homemade stuff is very dangerous.

Other options, if you were early, were douche bags containing soap and other household ingredients, or taking a hanger and carefully trying to manipulate it straight into the uterus (usually a friend would try to help if possible) to abort the fetus, but while these all worked, they also often ended up killing the woman. A perforated stertorous was very common and that could mean bleeding out.

I believe people are getting abortions or self aborting in southern states already.

bolwerk's avatar

Almost all first world countries have done away with ex post facto law. It’s effectively banned in Europe and the USA. It seems to still exist in some English-speaking countries besides the USA though, though at most strongly curtailed in Canada (Canadian neo-cons are more nuts than American ones perhaps, so who knows?).

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