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Up Against a WallRape Reform and the Failure of Success$
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Rose Corrigan

Print publication date: 2013

Print ISBN-13: 9780814707937

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814707937.001.0001

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When Rights are Wrong

When Rights are Wrong

Emergency Contraception and the Failure of Policy Success

Chapter:
(p.158) When Rights are Wrong
Source:
Up Against a Wall
Author(s):

Rose Corrigan

Publisher:
NYU Press
DOI:10.18574/nyu/9780814707937.003.0006

This chapter focuses on state laws that require hospitals to provide information about or dispense emergency contraception (EC) to rape victims in emergency rooms (ER). These laws have an obvious and ostensibly popular intent: to help rape victims avoid an unplanned, unwanted pregnancy in the wake of a sexual assault. However, political claims were framed without building in possible “hooks” for public interest litigation, and without anticipating problems with implementation. The result is that most laws still leave significant gaps in access. The lack of a public interest bar means there are few legal resources to confront these problems, and many rape crisis centers (RCCs) are in such a tenuous position—with little political or other institutional support—that they are unfamiliar with, fear, and shun litigation or community organizing as tools for maintaining, enforcing, or expanding the rights of rape victims. The result is that hospitals can openly flout EC in the ER laws without fear of accountability.

Keywords:   emergency contraception, rape victims, unwanted pregnancy, sexual assault, state law, rape crisis centers

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