‘Rape’ not defined in Florida law. How will doctors know if they can perform an abortion?

“Rape” isn’t defined in Florida statutes. So how will a doctor providing an abortion know if they’re breaking the law?

Legal experts say Florida’s new Heartbeat Protection Act – which largely bans abortions after six weeks of gestation – isn’t clear, especially the law’s exception delaying the ban to 15 weeks for people who are victims of rape.

Critics say it could create a chilling effect among doctors, who’ll likely be reticent or refuse to do any operations protected in the rape exception because of the lack of definition of “rape.” Conservative backers of the law disagree, saying the terms used in the legislation have commonly understood meanings as worked out in court cases.

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Caleb Kenyon

Attorney Caleb Kenyon is part of the Gainesville-based team at Turner, O’Connor, Kozlowski, P.L., representing clients throughout North Central Florida in state and federal court and before licensing boards. He defends people facing serious charges like DUI, drug crimes, domestic violence, and federal offenses, and he also helps professionals protect their careers through professional license defense. To discuss your options, contact TOK Legal for a confidential consultation.