Rape Exemption: Abortion after Rape or Incest

Abortion after Rape

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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.”

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
    Limit

    Rape

    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 16

    Iowa

    22 weeks

    22 weeks

    Kansas

    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

    See our Austrian Page

    Brazil

    See our Portuguese Page

    Cambodia

    12 weeks

    unlimited

    Germany

    See our German Page

    Italy

    See our Italian Page

    Mexico

    15 weeks

    unlimited

    Netherlands

    24 weeks

    unlimited

    Portugal

    See our Portuguese Page

    Switzerland

    See our Swiss Page

    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.

In addition to seeking immediate medical attention, you may find it helpful to receive support and professional counseling. You don’t have to go through this alone!

For more information, go to:

Not ready to talk about it? Our free digital coaching is tailored to your specific situation! Use our judgment-free resources to find a way to rebuild, grow, and heal.

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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.

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