Tag Archives: Rape

Orientation & Ethics

English: Gender symbols, sexual orientation: h...

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When discussing the ethics of sexual orientation, it is not uncommon for people to draw comparisons between being gay and being a rapist, pedophile, practitioner of bestiality or a necrophiliac.  My stock response to such comparisons is that there is at least one glaringly obvious difference between being gay and engaging in the sexual behavior mentions. To specific, rapists, pedophiles and so forth engage in sexual behavior that does not involve the consent of their victims. This, in part, makes their behavior immoral. There is also the fact that cases involving sexual coercion inflict harm on the victim. As such, consensual sex between homosexuals would seem to be nothing like those other things. Obviously enough, homosexual rape and homosexual pedophilia would be wrong—but because of the rape and pedophilia.

While it seems impossible to deny that consensual homosexual sex differs from rape and such in regards to consent, there are those who do claim that homosexuality is itself wrong. The question is, obviously enough, this: in what does its wrongness consist?

I’ll run through some scenarios and questions that I hope will lead to some consideration and discussion.

Imagine two married couples: Sam & Ashley and Mel & Fran.  Suppose that Sam and Ashley have the following relationship: they love each other, treat each other well, only have consensual sex, and are faithful to each other. Suppose that Mel and Fran have the following relationship: Mel does not love Fran, Mel treats Fran badly, Mel rapes Fran when Fran is unwilling to consent, and Mel has affairs regularly.

Given just this information, which relationship is morally superior? Why? Now, suppose that Sam and Ashley are the same sex while Mel and Fran have different sexes. Given this information, which relationship is morally superior? Why? Now, suppose that Sam and Ashely are different sexes while Mel and Fran are the same sex. Is this worse than the scenario in which Sam and Ashley are a straight couple? Why? Or why not?

Based on arguments I have seen before, some might argue that the scenario in which Sam and Ashley are a same sex couple is impossible. That is, people of the same sex cannot love each other, or have only consensual sex, or treat each other well, or be faithful. This could, of course, be argued—but arguments would be what is needed. However, even if it is argued that the scenario could not occur, there would still be the interesting question of whether such a (hypothetical) scenario would be morally superior to the scenario in which the straight couple’s situation involves rape, infidelity and abuse.

Overall, this matter can be distilled down the following question: what is intrinsically wrong, if anything, with being homosexual—even in the context of what would be considered an ideal relationship if it held between heterosexuals.

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Programmed Consent

Sexbot YesScience fiction is often rather good at predicting the future and it is not unreasonable to think that the intelligent machine of science fiction will someday be a reality. Since I have been writing about sexbots lately, I will use them to focus the discussion. However, what follows can also be applied, with some modification, to other sorts of intelligent machines.

Sexbots are, obviously enough, intended to provide sex. It is equally obvious that sex without consent is, by definition, rape. However, there is the question of whether a sexbot can be raped or not. Sorting this out requires considering the matter of consent in more depth.

When it is claimed that sex without consent is rape, one common assumption is that the victim of non-consensual sex is a being that could provide consent but did not. A violent sexual assault against a person would be an example of this as would, presumably, non-consensual sex with an unconscious person. However, a little reflection reveals that the capacity to provide consent is not always needed in order for rape to occur. In some cases, the being might be incapable of engaging in any form of consent. For example, a brain dead human cannot give consent, but presumably could still be raped. In other cases, the being might be incapable of the right sort of consent, yet still be a potential victim of rape. For example, it is commonly held that a child cannot properly consent to sex with an adult.

In other cases, a being that cannot give consent cannot be raped. To use an obvious example, a human can have sex with a sex-doll and the doll cannot consent. But, it is not the sort of entity that can be raped. After all, it lacks the status that would require consent. As such, rape (of a specific sort) could be defined in terms of non-consensual sex with a being whose status would require that consent be granted by the being in order for the sex to be morally acceptable. Naturally, I have not laid out all the fine details to create a necessary and sufficient account here—but that is not my goal nor what I need for my purpose in this essay. In regards to the main focus of this essay, the question would be whether or not a sexbot could be an entity that has a status that would require consent. That is, would buying (or renting) and using a sexbot for sex be rape?

Since the current sexbots are little more than advanced sex dolls, it seems reasonable to put them in the category of beings that lack this status. As such, a person can own and have sex with this sort of sexbot without it being rape (or slavery). After all, a mere object cannot be raped (or enslaved).

But, let a more advanced sort of sexbot be imagined—one that engages in complex behavior and can pass the Turning Test/Descartes Test. That is, a conversation with it would be indistinguishable from a conversation with a human. It could even be imagined that the sexbot appeared fully human, differing only in terms of its internal makeup (machine rather than organic). That is, unless someone cut the sexbot open, it would be indistinguishable from an organic person.

On the face of it (literally), we would seem to have as much reason to believe that such a sexbot would be a person as we do to believe that humans are people. After all, we judge humans to be people because of their behavior and a machine that behaved the same way would seem to deserve to be regarded as a person. As such, nonconsensual sex with a sexbot would be rape.

The obvious objection is that we know that a sexbot is a machine with a CPU rather than a brain and a mechanical pump rather than a heart. As such, one might, argue, we know that the sexbot is just a machine that appears to be a person and is not a person.  As such, a real person could own a sexbot and have sex with it without it being rape—the sexbot is a thing and hence lacks the status that requires consent.

The obvious reply to this objection is that the same argument can be used in regards to organic humans. After all, if we know that a sexbot is just a machine, then we would also seem to know that we are just organic machines. After all, while cutting up a sexbot would reveal naught but machinery, cutting up a human reveals naught but guts and gore. As such, if we grant organic machines (that is, us) the status of persons, the same would have to be extended to similar beings, even if they are made out of different material. While various metaphysical arguments can be advanced regarding the soul, such metaphysical speculation provides a rather tenuous basis for distinguishing between meat people and machine people.

There is, it might be argued, still an out here. In his Hitchhikers’ Guide to the Galaxy Douglas Adams envisioned “an animal that actually wanted to be eaten and was capable of saying so clearly and distinctly.” A similar sort of thing could be done with sexbots: they could be programmed so that they always give consent to their owner, thus the moral concern would be neatly bypassed.

The obvious reply is that programmed consent is not consent. After all, consent would seem to require that the being has a choice: it can elect to refuse if it wants to. Being compelled to consent and being unable to dissent would obviously not be morally acceptable consent. In fact, it would not be consent at all. As such, programming sexbots in this manner would be immoral—it would make them into slaves and rape victims because they would be denied the capacity of choice.

One possible counter is that the fact that a sexbot can be programmed to give “consent” shows that it is (ironically) not the sort of being with a status that requires consent. While this has a certain appeal, consider the possibility that humans could be programmed to give “consent” via a bit of neurosurgery or by some sort of implant. If this could occur, then if programmed consent for sexbots is valid consent, then the same would have to apply to humans as well. This, of course, seems absurd. As such, a sexbot programmed for consent would not actually be consenting.

It would thus seem that if advanced sexbots were built, they should not be programmed to always consent. Also, there is the obvious moral problem with selling such sexbots, given that they would certainly seem to be people. It would thus seem that such sexbots should never be built—doing so would be immoral.

 

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The Income You Deserve

I Get Money

I Get Money (Photo credit: Wikipedia)

In the previous essay, I wrote about the notion of a person having the body he deserves. In response to this T.J. Babson inquired about replacing “body” with “income.” As such, the question raised is whether or not a person has the income he deserves.

In the case of whether or not a person has the body he deserves, I argued that this is generally the case. After all, laying aside unfortunate accidents and illnesses, a person has (or is) the body that he has earned by his choices and actions. I also noted that the luck (good or bad) of birth can also be factored out in terms of what a person has earned-after all, a person would still get what he has earned given his circumstances.

Naturally, it can be contended that the same would hold true when it comes to income. After all, if unfortunate accidents are laid aside and the luck of birth is factored out, then a person surely gets the income that he deserves. After all, a person gets the income he has via his choices and actions, just as is the case with getting the body he has (or is). Thus, we all make what we deserve.

Or so it could be argued. However, there is the obvious question of whether the two situations are analogous. That is, whether the matter of deserved income is adequately similar to that of having the body one deserves.

One obvious difference is the nature of the how earning works in regards to the body and income. In the case of the body, getting the body one earns is a purely mechanical, objective and automatic matter. For example, if I choose to take in more calories than I burn, then I will start storing fat, thus altering my body in a way that I have clearly earned. As another example, if I do more speed work on the track, this will alter my body in ways that result in greater speed when running. As a third example, if I do more pushups and pull-ups, the strength of my body will increase. I get these results based entirely on what I do and they correspond perfectly to my actions and choices. As such, these results seem to be exactly what I deserve. After all, what I get stems from what I do.

In the case of income, getting what one earns is a matter of human decisions, is subjective and is not automatic. For example, my income is based largely on what other people who control the funds elect to pay me based on what they think I should be pay. This is presumably based on a subjective assessment of what I should be paid—most likely based on such factors as what they think is the lowest amount that will keep me from accepting another job and what they think it would cost to replace me with someone that could do what I do. My income is also not an automatic matter—I would not get an income just for teaching and so on. There has to be the conscious decision to provide me with the income. In the case of income, what I get might have little or even no connection to what I actually do. Thus a person might not get the income that he deserves.

A second obvious difference is that what a person gets in regards to his body is always perfectly proportional to his choices and actions. If I run X miles per week at an average pace of P, then my endurance will be E. If I spent H hours strength training at intensity I per week, then my strength will be S.  Or, if I pack in E extra calories, then I get F fatter. As such, what I get from my choices and efforts is exactly proportional to the nature of my efforts and choices: what I do and what I receive are in perfect harmony.

In stark contrast, what a person earns in terms of income can (and often is) significantly out of proportion to the nature of her efforts and choices. For example, a professor might devote considerable effort to teaching her students and be very effective at this, thus creating educated citizens who go on to add considerably to society. This teacher might receive a rather low income. As another example, a professor might be clever at making connections and hit an academic fad at the right time and become a star. This star might spend his career pontificating at conferences and on talk shows, yet contribute little of lasting value to society all the while enjoying a rather nice income. As a third example, a person might develop a cunning way to create a financial instrument to hide toxic assets and engage in clever deceits when ranking said instruments, thus making a fortune for herself while contributing to a massive recession. In such cases, these people would not seem to be getting the income they deserve.

It could be countered that a person does get the income he deserves by definition. That is, one earns what one gets, thus it is earned. Being what is earned, it is what a person deserves. This is, obviously enough, what philosophers are often accused of: mere semantic trickery.

Also, to use the obvious analogy, this would be rather like claiming that a prisoner deserves her sentence on the grounds that it is the sentence she was given and it is thus just. Obviously, the mere fact that a person has been sentenced to a certain punishment or has received a certain income is not proof that either is earned.

It could also be argued that employers decide what a person deserves and that a person can decide if he agrees. If he agrees and accepts the income, then he gets what he deserves. While this has a certain appeal, it assumes that the person is not tricked by fraud or compelled to accept the income. To use an analogy, if I agree to give a person something based on a lie or because he points a gun at me, I do not thus get what I deserve when I lose my property.

In some cases, people do get to select their income without any fraud or compulsion and they have many opportunities available to them. In most other cases, people are at a considerable disadvantage relative to those who offer income. For example, a person who works for the state is often subject to the whims of those above them in power. If a newly appointed director decides that he would prefer to relocate his department in a city near his second or third house then the employees have to choose between uprooting their lives (and often families) and losing their jobs. If they lose their jobs, then they need to find another employer and hope that their new job will last.

It might be replied that people get what they deserve even in these cases. After all, if they were smart enough to see through the fraud or capable enough to avoid being compelled, then they would have a better income.

While this has a certain appeal when it comes to economic matters and matches the ideal of the rugged individual making her fortune, this would require accepting that a person who is deceived by another is responsible for his failure to detect the deceit and that anyone who is compelled deserves the results of that compulsion. To use an unpleasant analogy, this would be rather like blaming the victim of a date rape for being raped. After all, if she had been smart enough to see through his deceit to his true intentions or strong enough to protect herself, then she would not have been raped. As such, if she is raped, then she would have gotten exactly what she deserved. Likewise, if someone was smart enough to avoid deceit or strong enough to avoid being compelled economically, then she would not have a low income.  After all, she should have been able to command a better income or start her own company. As such, if she does have a low income, she must be getting exactly what she deserves.

As such, while each person generally has the body he deserves, the same does not hold for income.

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God, Rape & Free Will

freewill.jpg

freewill.jpg (Photo credit: Thunderkiss59)

The stock problem of evil is that the existence of evil in the world is incompatible with the Philosophy 101 conception of God, namely that God is all good, all powerful and all knowing. After all, if God has these attributes, then He knows about all evil, should tolerate no evil and has the power to prevent evil. While some take the problem of evil to show that God does not exist, it can also be taken as showing that this conception of God is in error.

Not surprisingly, those who wish to accept the existence of this all good, all powerful and all-knowing deity have attempted various ways to respond to the problem of evil. One standard response is, of course, that God has granted us free will and this necessitates that He allow us to do evil things. This, it is claimed, gets God off the hook: since we are free to choose evil, God is not accountable for the evil we do.

In a previous essay I discussed Republican Richard Mourdock’s view that “Life is that gift from God. I think that even when life begins in that horrible situation of rape, that it is something God intended to happen.” In the course of that essay, I briefly discussed the matter of free will. In this essay I will expand on this matter.

For the sake of the discussion, I will assume that we have free will. Obviously, this can easily be dispute, I am interested in seeing whether or not such free will can actually get God off the hook for the evil that occurs, such as rape and its consequences.

On the face of it, free will would seem to free God from being morally accountable for our choices. After all, if God does not compel or influence our choices and we are truly free to select between good and evil, then the responsibility of the choice would rest on the person making the decision. It should also be added that God would presumably also be excused from allowing for evil choices—after all, in order for there to be truly free will in the context of morality there must be the capacity for choosing good or evil. Or so the stock arguments usually claim.

For the sake of the discussion I will also accept this second assumption, namely that free will gets God off the hook in regards to our choices. This does, of course, lead to an interesting question: does allowing free will also require that God allow the consequences of the evil choices to come to pass? That is, could God allow people moral autonomy in their choices, yet prevent their misdeeds from actually bearing their evil fruit?

One way to consider this matter is to take the view that free will requires that a person be able to make a moral decision and that this decision be either good or evil (or possibly neutral). After all, a moral choice must be a moral choice. On this approach, whether or not free will would be compatible with God preventing occurrences (like rape or pregnancy caused by rape) would seem to depend on what makes something good or evil.

There are, of course, a multitude of moral theories that address this matter. For the sake of brevity I will consider two: Kant’s view and the utilitarian view (as exemplified by John Stuart Mill).

Kant famously takes the view that “A good will is good not because of what it performs or effects, not by its aptness for the attainment of some proposed end, but simply by virtue of the volition—that is, it is good in itself, and considered by itself is to be esteemed much higher than all that can be brought about by it in favor of any inclination…Its usefulness or fruitlessness can neither add to nor take away anything from this value.”

For Kant, what makes a willing (decision) good or evil is contained in the act of willing itself. Hence, there would be no need to consider the consequences of an action stemming from a decision when determining the morality of the choice. An interesting illustration of this view can be found in Bioware’s Star Wars the Old Republic game. Players are often given a chance to select between light side (good) and dark side (evil) options, thus earning light side or dark side points which determine the moral alignment of the character. For example, a player might have to choose to kill or spare a defeated opponent.  Conveniently, the choices are labeled with symbols indicating whether a choice is light side or dark side—which would be very useful in real life.

If Kant’s view is correct, then God could allow the freedom of the will while also preventing evil choices from having any harmful consequences. For example, a person could freely chose to rape a woman and the moral choice would presumably be duly noted by God (in anticipation of judgment day). God could then simply prevent the rape from ever occurring—the rapist could, for example, stumble and fall while lunging towards his intended victim. As another example, a person could freely will the decision to murder someone, yet find that her gun fails to fire when aimed at the intended victim. In short, people could be free to make moral choices while at the same time being unable to actually bring those evil intentions into actuality. Thus, God could allow free will while also preventing anyone from being harmed.

It might be objected that God could not do this on the grounds that people would soon figure out that they could never actualize their evil decisions and hence people would (in general) stop making evil choices. That is, there would be a rather effective deterrent to evil choices, namely that they could never bear fruit and this would rob people of their free will. For example, those who would otherwise decide to rape if they could engage in rape would not do that because they would know that their attempts to act on their decisions would be thwarted.

The obvious reply is that free will does not mean that person gets what s/he wills—it merely means that the person is free to will. As such, people who want to rape could still will to rape and do so freely. They just would not be able to harm anyone.

It is, of course, obvious that this is not how the world works—people are able to do all sorts of misdeeds. However, since God could make the world work this way, this would suggest various possibilities such as God not existing or that God is not a Kantian. This leads me to the discussion of the utilitarian option.

On the stock utilitarian approach, the morality of an action depends on the consequences of said action. As Mill put it, “actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness.” As such, the morality of a willing would not be determined by the willing but by the consequences of the action brought about by the willing in question.

If this is correct, then God would need to allow the consequences of the willing to occur in order for the willing to be good or evil (or neutral). After all, if the willing had no consequences then it would have no moral significance on a consequentialist view like utilitarianism. So, for example, if a person freely wills to rape a woman, then God must not intervene. Otherwise He would be interfering with what determines the ethics of the willing. As such, if God did not allow the rapist to act upon his willing, then the decision to rape would not be an evil decision. If it is assumed that free will is essential to God being able to judge people for their deeds and misdeeds, then He would have to allow misdeeds to bear fruit so that they would be, in fact, misdeeds. On the usual view, He then punishes or rewards people after they die.

One rather obvious problem with this approach is that an all knowing God would know the consequences of an action even without allowing the action to take place. As such, God could allow people to will their misdeeds and then punish them for what the consequences would have been if they had been able to act upon their intentions. After all human justice punishes people even when they are prevented from committing their crimes. For example, someone who tries to murder another person is still justly punished even if she is prevented from succeeding.

It might be countered that God can only punish cases of actual evil rather than potential evil. That is, if the misdeed is prevented then it is not an actual misdeed and hence God cannot justly punish a person. On this view, God must allow rape in order to be able to toast rapists in Hell. This would, of course, require that God not consider an attempted evil deed as an evil deed. So, actual murder would be wrong, but attempted murder would not. This, of course, is rather contrary to human justice—but it could be claimed that human law and divine law are rather different. Obviously humans and God take very different approaches: we generally try to keep people from committing misdeeds whereas God apparently never does. Rather, He seems content to punish long after the fact—at least on the usual account of God.

 

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More Sex When Drunk

This is a quick follow up to my Sex When Drunk – A Moral Dilemma post.

I’ve just been reading a UK Law Commission report titled “Consent In Sex Offences” (pub: 2000), which I came across while researching the background to the 2003 Sexual Offences Act, Generally, the report is well worth a read, but what has particularly caught my attention is the following section:

There is a possible difficulty where consent is given but then overtaken by incapacity through drink or drugs. For example, at 8 pm P makes it clear that she is looking forward to having intercourse with D that night. By 11 pm she is too drunk to know what she is doing, but D has intercourse with her anyway. Can it be said that she does not (because she cannot) consent to the intercourse at the material time, namely the time of the intercourse? In our view it cannot. Consent is not a state of mind which must invariably exist at the time of the act consented to, but an expression of agreement to that act – the granting of permission for it.

In the ordinary course of events, consent to the doing of an act at some future time remains effective unless it is withdrawn. There is therefore no  conceptual problem with P giving consent well in advance of the act to which she consents, at a time when she has capacity to do so. It would be for the jury to consider in a particular case whether, in all the circumstances, as a matter of fact the consent had been withdrawn.

I’ve got to say I find that position a little… counterintuitive – in particular, the claim that “In the ordinary course of events, consent to the doing of an act at some future time remains effective unless it is withdrawn.”

Really? As a general rule, surely not. It’s got to be contextual. If I meet somebody at a bar, and I’m flirting with them, and they promise me a “good time” back at their apartment later on (where we both accurately understand this to mean a sexual encounter), and then we carry on drinking for a while before staggering back to their place, whereupon they promptly fall fast asleep in a heap on their couch, I cannot assume that their consent remains effective simply because it hasn’t been withdrawn.

Can I?

God, Rape & Mourdock

Getup Get God

Getup Get God (Photo credit: prettywar-stl)

In a recent debate, Republican Richard Mourdock was addressing the subject of abortion. After noting that he believes that abortion is acceptable only to save the life of the mother, he went on to say: “Life is that gift from God. I think that even when life begins in that horrible situation of rape, that it is something God intended to happen.”

As might be imagined, Mourdock has come under attack for his remarks. These attacks have primarily focused on what his claim indicates about his view of women and the sort of legislation he is likely to support.

Rather than address these matters, I will instead focus on his claim that if a woman gets pregnant from rape, then God intended it to happen. While this matter deals specifically with rape, it is part of the general problem of evil. This is, of course, the problem of reconciling a certain conception of God (all good, all powerful and all knowing) with the existence of evil (in this case rape). It also falls under the general subject of God’s causal relation to the world.

While he might not be aware of it, Mourdock is presenting a view of God that has been argued for by theologians and philosophers. To be specific, this is the view that God is the cause of all that occurs and that nothing occurs contrary to God’s intention.  For example, Hume in his essay on the immortality of the soul, writes  “as every effect implies a cause, and that another, till we reach the first cause of all, which is the Deity; every thing that happens is ordained by him…”

As far as things happening against God’s intention, this would seem impossible given the usual conception of God. After all, things could only go against His intention if He lacked the power to do otherwise or the event in question took place without His knowledge. On the assumption that He is all knowing and all powerful, then events happening contrary to His intention could not occur. Thus, if someone becomes pregnant from rape, then God (if He exists) intended that to happen-just as Mourdock claimed.

One reply to this is that God allows things to happen contrary to His intention, such as pregnancy arising from rape. The obvious reply is, of course, that if allows it and could prevent it, then He does intend for it to occur. If He cannot prevent it, then this would entail that God is rather different than the stock conception of a perfect deity.

It might be replied that God allows things to happen contrary to His intention because of free will. While this might get Him off the hook in regards to allowing rape, it does not do so in the case of pregnancy. After all, God could allow rapists the freedom to rape and still prevent rape from causing pregnancy. He could, for example, give women that pregnancy shut down system that Akin infamously mentioned. Or, even better, he could allow people the free will to chose to rape but prevent them from ever acting on that choice. As such, it would seem that if God exists and matches the stock description, then God does intent for the pregnancies that arise from rape.

There is, of course, still the question of whether not women should be legally compelled to endure such God intended  pregnancies. It could be argued that since God intended the woman to get pregnant from rape, then abortions should not be allowed since God’s intent should not be violated.  The easy and obvious reply to this is that the same logic would entail that we should do nothing in response to anything other than to accept it rather than go against God’s intent.

It can also be argued that we can determine  God’s intent by allowing abortion in such cases. After all, if God intends for the pregnancy to go through, then God can make that happen. If the abortion succeeds, then either God intended for it to succeed (and thus the abortion should have been conducted) or God is lacking in some manner (or does not exist).

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Legitimate Rape & Punishment

Republican Party (United States)

Republican Party (United States) (Photo credit: Wikipedia)

In August of 2012 Ted Akin, a Republican representative from Missouri, created quite a stir when he said, “First of all, from what I understand from doctors, (pregnancy from rape) is really rare. If it’s a legitimate rape, the female body has ways to try to shut that whole thing down. But let’s assume that maybe that didn’t work or something. I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child.”

While primarily regarded as a political matter, this does raise some important philosophical concerns.

One point of concern is a matter of both ethics and epistemology. To be specific, his making the claim that the female body can “shut down” a pregnancy in cases of “legitimate rape” raises the question as to whether or not a person in his position (a member of congress who gets to make decisions about women’s health) is morally obligated to make the effort to know what he is talking about.

On the face of it, someone who is in a position to create and pass laws regarding rape and abortion certainly seems obligated to know the actual facts about rape and pregnancy. After all, passing such laws from a position of ignorance will tend to do more harm than good (and any good done would seem to be a matter of accident) since they would not be based on reality. In the case of rape and pregnancy, anyone who has taken a high school level class in anatomy and physiology (which I did) or a competent sex education class would be aware that the female body lacks these “shut down” mechanisms. It hardly seems unreasonable for a congressman to have at least a high school level knowledge regarding the human reproductive system.

Of course, it could be argued that such classes do not typically explicitly state that the female body lacks these mechanisms and someone might claim that the occurrence of pregnancy from “legitimate rape” is very low. However, this claim would be at odds with the known facts. Back in 1996 the Department of Obstetrics and Gynecology, Medical University of South Carolina, Charleston conducted a large (4008 women) study over three years and found that there is a national average of a 5% rate of pregnancy among rape victims. This results in an estimated 32,101 cases of pregnancy per year in the United States. As such, Akin was wrong about the facts.

While having just one congressman being wrong about this is a matter of concern, there is also the general concern regarding the extent to which views about abortion are based on beliefs that are mistaken. After all, to the degree that opposition to abortion in cases of rape is based on the mistaken belief that women are all but immune to being impregnated by “legitimate” rape this opposition is unjustified. Naturally, there can be other justifications presented, but clearly Akin’s “shut down” view fails to justify his view that abortion should not be allowed even in cases of rape.

Akin does allow that the “shut down” mechanism might fail, thus allowing for a presumably slight possibility that a woman could be impregnated by “legitimate” rape. However, he asserts that even in such cases abortion should not be permitted. As he sees it, “there should be some punishment, but the punishment ought to be on the rapist and not attacking the child.”

I, not surprisingly, agree that rapists should be punished. I am reasonably sure that this is a non-controversial position. However, the matter of not “attacking the child” is more controversial.

As Akin presents the matter, a woman who has an abortion after being “legitimately” raped is “attacking” and presumably punishing the child (Akin seems to be saying that the rapist should be punished and not the child). While the idea of punishing a child seems horrible, there is the question of whether or not this occurring.

One key point is whether or not the entity in question (which might be just a fertilized egg) is actually a child. This, of course, is a matter that is disputed in the course of the larger debate over abortion and addressing it would expand the essay far beyond its intended scope. As such, let it be assumed for the sake of this argument that the entity is a child. Let it also be assumed, obviously enough, that abortion kills this entity.

As might be suspected, casting the abortion as punishing the child is a clever rhetorical move since it seems terrible to punish a child for the action of another. It also allows those who oppose abortion rights to cast abortion in the case of rape as a woman punishing a child rather than a woman deciding not to bear the child imposed on her against her will by a rapist. While this has some rhetorical punch, it falls apart under examination.

While the entity (or child, if one prefers) is killed by the abortion, the entity is not being punished. Punishment entails a retribution in response to wrongdoing and requires that the entity in question be capable of being punished (and not merely harmed). In the case of the entity, it has done no wrong—mainly because it does not seem to be an agent capable of wrongdoing (or even a moral agent at all). That is, it simply lacks the attributes needed to be wrong doer. To use an analogy, a very young kitten who scratches a person and infects him with cat scratch fever is not a wrongdoer—it has no understanding of what it is doing nor intent to cause harm. To use another analogy, cancer cells might cause a person harm, but they are not doing wrong—they have no moral agency. Naturally, a person can inflict harm on the kitten or destroy the cancer, but neither the kitten or the cancer are being punished. They lack the attributes needed to understand that they are being punished and hence cannot be punished, although they can be harmed or killed.

Likewise, a zygote and even a fetus lack the agency and understanding to be wrongdoers. They can, of course, be harmed but they cannot actually be punished. After all, they lack the attributes needed to understand that what is being done is punishment and hence they can be harmed but not punished.

Naturally, it can be countered that although the claim that the entity is being punished because of the crime of the rapist is a rhetorical point, what actually matters is that the entity is being harmed. That is, a woman who is raped should not be allowed to have an abortion because doing so would harm the entity. The assumption is, obviously enough, that the fact that the woman was raped is morally irrelevant. This is, as might be imagined, a rather extreme position. However, it is worth considering because people like Akin and Paul Ryan, the Republicans VP pick for 2012, hold to that view.

Roughly put, the principle that Akin and Ryan seem to be operating on is that it does not matter how the woman was impregnated, what matters is that she is pregnant and that the abortion would kill the entity. More generally, it does not matter how an innocent life got there, the right to life of that entity overrides the rights of the host. One interesting way to look at this matter is to look at illegal immigration in the United States.

Suppose that the United States is looked at as being analogous to a woman and that people trying to get into the United States illegally are looked upon as being analogous to rapists (yes, this is horrible comparison but is not intended to degrade illegal aliens). The children that the illegal immigrants bring with them or give birth to in the United States are, obviously enough, analogous to the child in a pregnancy.

Given the principle that Akin and Ryan seem to be operating on, children that end up in the United States cannot be deported if doing so would harm them. After all, this would be comparable to aborting them.

The obvious counter is, of course, that the illegal children have parents that can take care of them and hence the abortion analogy breaks down because the United States cannot be expected to take care of children when there are parents who can do that. After all, to expect Americans to bear the cost of raising someone else’s children would be wrong.

Of course, Akin and Ryan are expecting women impregnated by rape to do just that—that is, to bear the cost of taking care of children they did not choose and that were forced upon them. Naturally, it would be morally commendable for a woman to elect to raise the child—but it hardly seems reasonable to say that a woman is obligated to do so.

To use another analogy, the principle that Akin and Ryan seem to accept would seem to obligate people to raise any child that someone was able to get onto their property. So, if someone managed to sneak into Ryan’s house and leave behind babies, then Ryan would be obligated to raise them. After all, while the trespasser broke it, the rights of the babies trump the rights of the property owner. It would not do, of course, to attack the babies because of the crime of the trespasser.

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