Alabama bill would require castration or vasectomy for rapists who impregnate women
An Alabama lawmaker wants to require a vasectomy or castration for any man who rapes a woman, resulting in a pregnancy.
Rep. Juandalynn Givan prefiled House Bill 50, which would also require the father, if convicted of rape, to pay for the abortion and related costs.
“Year in and year out, there’s legislation that is filed by my male counterparts that deal with a woman’s right to choose, her body and things of that nature,” said Givan, D-Birmingham. “But I haven’t seen, and I don’t see, any bills that deal with anyone telling a man what to do with his penis.”
Givan filed the same bill last year, but it did not make it out of committee. She acknowledged it could also fail in 2025, but said she plans to file the bill every year until something changes.
Of the 21 states with abortion bans, Alabama is one of only 10 that force women to carry pregnancies that result from rape, according to the Kaiser Family Foundation.
Givan’s bill would add rape and incest as exceptions to Alabama’s abortion ban, which currently only allows for abortions to protect the life of the mother.
The ACLU of Alabama opposed a bill to provide an exception for rape last session, saying “abortion ban ‘exceptions’ aren’t workable solutions.”
“They require someone to plead their case to a judge, lawyers, and hospital administrators. It’s cruel and unfair to expect this of survivors of sexual assault or incest or someone in the middle of a medical emergency,” the organization wrote.
“People should not need permission to access the care they need, and no one should be forced to disclose the reasons why they need abortion care.”
If a woman gets an abortion to preserve her health, HB50 says that she could also petition the court to make the father pay for it.
“I think we need to make men more responsible for when they have kids…they assist in the reproductive process too,” Givan told AL.com.
The bill tweaks language on the existing exceptions for abortion — which are currently allowed only if the pregnancy poses “serious health risks” to the mother, including ectopic pregnancies and if the fetus has a lethal medical condition. Instead, Givan’s bill says abortions can occur “to preserve the health” of the mother or her unborn child.
“Doctors are terrified,” said Givan, noting that they are hesitant to perform abortions even under the current exception because of the vagueness of the law.
She said she believes the language in her bill provides clearer guidelines for doctors to follow. However, the bill does not define what “preserve the health” of the mother means.
The bill is scheduled for its first read in the House Judiciary committee on Feb. 4.
“I don’t know what will happen this year but it warrants a conversation,” she said. “You have legislation that’s sponsored that may not get traction for three or four years, but eventually it does.”