To: Neocon who wrote (4264 ) 1/29/2003 12:31:31 PM From: The Philosopher Read Replies (1) | Respond to of 7720 It would be perfectly possible to decriminalize the use of marijuana while continuing criminal liability for its sale. Certainly. Very different situation. The equivalent would be to decriminalize (or keep decriminalized) getting abortion while creating criminal liability for assisting in or providing an abortion. Apart from that, I would make it necessary to prove that the fetus was the fruit of rape, before accepting that as a defense. Okay. But I'm wondering how this would work. Presumably the woman wanting an abortion would have to go in to court or some agency to get an order authorizing the abortion. In that proceeding she would have to prove that thefetus was the fruit of rape. Is this your view? It would hardly do to have her get the abortion and then be charged with a crime and put forward the defense of rape. Otherwie, how would a provider know whether it was safe to provide the abortion in the first place? And this would have to be a very expedited procedure, or it would be useless -- does no good to take a year to decide the case and then say "oh, yes, you can have the abortion, only sorry, your baby is now three months old." But of course, if some court or agency does decide that the baby is the result of rape, they have made a criminal determination. Does the alleged rapist have the right to come in to the hearing and protest and say "this baby was the result of a consensual relationship and I want her to carry it so I can enjoy the fruits of my parenthood"? If so, he has to be identified and given notice, and of course if it goes against him he then gets criminally charged with rape. The process seems difficult to conceive. Can you help out?