Can I Get an Abortion Exception for Rape?
- In some regions, rape exemptions are made, which extend the gestational limit or provide government funding for an abortion.
- Pregnancy is a common fear after rape, but only about 5% of sexual assaults result in pregnancy.
- Any sexual violence involving penetration constitutes rape.
You can find more information on abortion exemptions for rape here.
➡️ Are you pregnant as a result of sexual violence? Support and options
⚖️ Wondering whether to have an abortion? Take the Abortion Test
What Constitutes Rape?
There are two kinds of rape: forcible rape and statutory rape. Abortion exemptions usually only apply in cases of forcible rape.
Forcible Rape:
Forcible rape includes any sexual violence involving penetration. This includes:
- Forced penetration by a stranger, acquaintance, or (ex)partner using threats or violence
- Being drugged to prevent resistance
- The sexual abuse of a child by a family member or friend
Statutory Rape:
If partners engage in sexual intercourse, but the woman is under the age of consent, it is considered statutory rape. If the woman conceives, abortion exemptions usually do not apply. Internationally, the age of consent ranges from 12 to 20. Most countries set 16 or 17 as the age of consent. This is where you can find the age of consent worldwide and for each US state.
What Are the Exemptions in Case of Rape?
In many regions, laws make accommodations for pregnant survivors of sexual assault by legalizing abortions in cases of rape, extending gestational limits for abortion, or covering abortion expenses. Countries that allow elective abortion may not give an extension for rape since women already have access to abortion without a specific cause.
1. Legalized Abortion in Cases of Rape
Abortion is permitted in most countries when conception occurs through rape. Where abortion bans are in place, these are often dropped. Sometimes sexual assault is not mentioned explicitly in these exemptions. Instead, it is included under the broader umbrella of “abortion on mental health grounds.”
- For more information, go to Therapeutic Abortion.
2. Extension of Gestational Limits
Abortion bills differ from region to region. Some bills ban abortion or limit them to the first six weeks — until a fetal heartbeat can be detected (Heartbeat Bill). Sometimes an exception for rape cases is included in these bills.
Examples of countries that extend their abortion limits are Albania, Bolivia, Brazil, Columbia, Ghana, Israel, Poland, and individual US states.
Find out whether your region extends the window of legal abortions in cases of rape:
-
Region
Regular
LimitRape
Alabama
banned
banned
Alaska
unlimited
unlimited
Arizona
15 weeks
15 weeks
Arkansas
banned
banned
California
viability
viability
Colorado
unlimited
unlimited
Connecticut
viability
viability
Delaware
viability
viability
Florida
6 weeks
extended
Georgia
6 weeks
extended
Hawaii
viability
viability
Idaho
banned
permitted
Illinois
viability
viability
Indiana
banned
14 w. if u. 16;
10 w. if over 16Iowa
6 weeks
Rape: within 45 days
Incest: within 140 daysKansas
22 weeks
22 weeks
Kentucky
banned
banned
Louisiana
banned
banned
Maine
viability
viability
Maryland
viability
viability
Mass.
24 weeks
24 weeks
Michigan
24 weeks
24 weeks
Minnesota
viability
viability
Mississippi
banned
permitted
Missouri
banned
banned
Montana
viability
viability
Nebraska
12 weeks
12 weeks
Nevada
24 weeks
24 weeks
N. Hampsh.
24 weeks
24 weeks
New Jersey
unlimited
unlimited
N. Mexico
unlimited
unlimited
New York
viability
viability
N. Carolina
12 weeks
12 weeks
N. Dakota
banned
6 weeks
Ohio
22 weeks
22 weeks
Oklahoma
banned
banned
Oregon
unlimited
unlimited
Pennsylvania
24 weeks
24 weeks
Rhode Island
viability
viability
S. Carolina
6 weeks
permitted
S. Dakota
banned
banned
Tennessee
banned
banned
Texas
banned
banned
Utah
18 weeks
18 weeks
Vermont
unlimited
unlimited
Virginia
26w+6d
26w+6d
Washington
viability
viability
Wash. DC
unlimited
unlimited
W. Virginia
banned
banned
Wisconsin
banned
banned
Wyoming
viability
viability
-
Region
Regular Limit
Rape
Great Britain
24 weeks
24 weeks
N. Ireland
24 weeks
24 weeks
Ireland
12 weeks
12 weeks
-
Region
Regular Limit
Rape
ACT
unlimited
unlimited
NSW
22 weeks
22 weeks
NT
14 weeks
23 weeks
QLD
22 weeks
22 weeks
SA (2022)
22 w +6d
22 w +6d
TAS
16 weeks
16 weeks
VIC
24 weeks
24 weeks
WA
20 weeks
20 weeks
-
While abortion is unrestricted throughout Canada, availability differs from state to state.
Region
Regular Limit
AB
20 weeks
BC
24w + 6d
MB
16 weeks
NB
16 weeks
NL
16 weeks
NT
20 weeks
NS
16 weeks
PEI
12 weeks
NU
19w + 6d
ON
23w + 6d
QC
24 weeks
SK
18w + 6d
YT
12w + 6d
-
Region
Regular Limit
Rape
New Zealand
20 weeks
unlimited
South Africa
13 weeks
20 weeks
-
Region
Regular Limit
Rape
Austria
Brazil
Cambodia
12 weeks
unlimited
Germany
Italy
Mexico
15 weeks
unlimited
Netherlands
24 weeks
unlimited
Portugal
Switzerland
Thailand
12 weeks
20 weeks
3. Coverage of Abortion Expenses
In regions where abortions are not covered by public healthcare, funds are sometimes made available to help women pay for rape-related abortions. This is the case in the following 20 US states if the woman can fulfill the state’s reporting requirements:
-
C: Colorado
D: Delaware, District of Columbia
G: Georgia
I: Idaho, Indiana, Iowa
K: Kansas
M: Mississippi
N: Nebraska, Nevada, New Hampshire, North Carolina, North Dakota
P: Pennsylvania
R: Rhode Island
S: South Carolina
U: Utah
V: Virginia
W: Wyoming
Rape Exemption Requirements
Each region has a different process for establishing conception through rape as the reason for an abortion. The woman usually must fulfill requirements such as reporting or providing evidence of the sexual violence she has experienced. This ranges from receiving an affidavit from a doctor to filing a police report or undergoing a rape kit examination.
This often requires the victim to seek medical attention or police jurisdiction within days of the event, which takes a lot of courage.
When You Have Experienced Sexual Violence
Rape is one of the most traumatic and devastating intrusions imaginable into a woman’s physical body, as well as her very being. From the outside, it would be impossible to grasp the full scope of pain inflicted.
You might ask yourself how to go on. You fear that you might be pregnant or just found out about the pregnancy. Are you wondering what the best course of action would be for you? Are you wondering about what a rape examination entails?
- 🙌 Go to Pregnant from Rape for resources on where to go for immediate support or safety.
For more information, go to:
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Disclaimer:
Our goal at Profemina is to provide you with the most up-to-date information. Since abortion regulations are varied and constantly changing, we cannot guarantee the accuracy of the content we provide.