Abortion and Criminalization
July 12, 2024 5:58 PM Subscribe
I keep reading about politicians who are pushing for women who receive abortions to be punished with prison time. However, I can't find anything about whether the male could or would also be punished with prison time.
For example, I know of someone who was married and the couple had an unexpected pregnancy. He wanted her to get an abortion, but she wanted the baby. She ultimately gave in to her husband and got the abortion. If abortion were to become a crime, would only she be guilty of the crime or would he be an accessory before the fact and, therefore, be held criminally liable to the same extent as she? I've read plenty about the push for a woman to be criminalized for having an abortion, but I haven't been able to find anything regarding criminalization for the man's role.
For example, I know of someone who was married and the couple had an unexpected pregnancy. He wanted her to get an abortion, but she wanted the baby. She ultimately gave in to her husband and got the abortion. If abortion were to become a crime, would only she be guilty of the crime or would he be an accessory before the fact and, therefore, be held criminally liable to the same extent as she? I've read plenty about the push for a woman to be criminalized for having an abortion, but I haven't been able to find anything regarding criminalization for the man's role.
I don't believe there are any jurisdictions in the US where women can be criminally prosecuted for seeking an abortion. This is certainly discussed, but as far as I know, there are no laws that have been passed making it a criminal offense for a woman to get an abortion.
On the other hand, there are certainly states where other people (men and women) can be charged with crimes for helping a woman get an abortion, or for performing an abortion. So in the scenario described by the op, I believe it is currently more likely that the husband would be criminally prosecuted than the wife.
posted by Winnie the Proust at 7:40 PM on July 12 [1 favorite]
On the other hand, there are certainly states where other people (men and women) can be charged with crimes for helping a woman get an abortion, or for performing an abortion. So in the scenario described by the op, I believe it is currently more likely that the husband would be criminally prosecuted than the wife.
posted by Winnie the Proust at 7:40 PM on July 12 [1 favorite]
Winnie the Proust, Florida explicitly allows prosecution of women who terminate a pregnancy. There are also numerous states that have laws about fetus endangerment that have been used to prosecute woman who self-managed abortions prior to Dobbs. See this piece by the Brookings institute, as well as the reports it links to.
posted by bluloo at 10:14 PM on July 12 [9 favorites]
posted by bluloo at 10:14 PM on July 12 [9 favorites]
Encouraging and/or pressuring someone to commit a crime has always been illegal as either solicitation or incitement.
You get what you’re asking about for free when you make abortion a crime.
posted by Tell Me No Lies at 10:36 PM on July 12 [2 favorites]
You get what you’re asking about for free when you make abortion a crime.
posted by Tell Me No Lies at 10:36 PM on July 12 [2 favorites]
Mod note: One removed. Please make sure you are answering the actual question rather than commenting generally about the topic. Thanks.
posted by taz (staff) at 12:17 AM on July 13
posted by taz (staff) at 12:17 AM on July 13
This BMJ review of abortion laws around the world seems comprehensive, and the summary includes this relevant bi:
In countries where abortions are criminalised, a range of actors are commonly subject to penalties. In 134 countries, the person seeking the abortion is penalised. Providers of abortion services are subject to criminal penalties in 181 countries. A total of 159 countries penalise persons who assist in accessing or providing abortions.
posted by vincebowdren at 6:01 AM on July 13 [1 favorite]
In countries where abortions are criminalised, a range of actors are commonly subject to penalties. In 134 countries, the person seeking the abortion is penalised. Providers of abortion services are subject to criminal penalties in 181 countries. A total of 159 countries penalise persons who assist in accessing or providing abortions.
posted by vincebowdren at 6:01 AM on July 13 [1 favorite]
Doctors are fleeing red states in droves to avoid possible criminal penalty for performing abortion.
Texas (at least) makes abetting an abortion a crime, and Idaho will soon imprison a mother who helped her daughter obtain pills.
I doubt that's what you meant, but it does answer your question.
posted by Dashy at 8:52 AM on July 14 [1 favorite]
Texas (at least) makes abetting an abortion a crime, and Idaho will soon imprison a mother who helped her daughter obtain pills.
I doubt that's what you meant, but it does answer your question.
posted by Dashy at 8:52 AM on July 14 [1 favorite]
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To address your hypothetical couple, the woman would certainly be prosecuted; there's a very slim chance the man would be prosecuted as an accessory (and even then dependent on the laws of the particular state), and an even slimmer chance he would be convicted if he were.
posted by Pedantzilla at 6:46 PM on July 12 [5 favorites]