"When a man goes in for that procedure—at least in the state of Missouri—you have to have a consent form from your spouse in order to have that procedure done," he told Mother Jones. "Here I was getting a normal procedure that has nothing to do with another human being's life, and I needed to get a signed form…But on ending a life, you don't. I think that's pretty twisted."
That’s why the state representative decided to introduce a bill that would require notarized consent from a woman’s male partner for an abortion, unless it’s reported as rape or incest.
Brattin explained that women would have to prove that a “legitimate rape” happened to avoid having to ask consent for the abortion. The bill does not exempt women in domestic violence situations.
Brattin has not clarified the bill’s definition of a “legitimate rape” or how a woman would have to prove it. Experts note that rape is often not reported. In fact, around 80% of sexual assaults are under reported to the police, according to a study the National Research Council published in 2013.
Other obstacles to legally “legitimizing” a rape include lack of sufficient investigation or even the time it takes to prosecute someone on such charges.
In defense of his bill, Brattin says that “just like any other rape,” women would be required to prove the pregnancy they wish to terminate without the father’s consent came of a “legitimate rape.”
Brattin further noted that when it comes to circumstances of an abortion, the father often times does not get to weigh in on the matter.
“It took two to come together and create a child, and right now the way it is the woman gets the full say and the father gets no say, and I think that that needs to change,” Brattin said.
“With the women’s movement for equal rights, well it’s swung so far we have now taken away the man’s right and the say in their child’s life.” He added, “It’s a child’s life that’s taken. The woman’s life is not altered.”
There are state bans on Medicaid funding that also require women to prove “legitimate” sexual assault; in some states women are obligated to produce a police report for Medicaid to cover an abortion. In Missouri, there is also a policy in place that requires parental consent for women under the age of 18 to get an abortion.
The state also already has the longest waiting period — 72 hours — for an abortion.
Planned Parenthood advocates have vowed to fight the bill. M'Evie Mead, the director of statewide organizing for Missouri's Planned Parenthood told Mother Jones that Brattin’s intentions are politically motivated.
“When it comes to abortion, Missouri legislators are always trying to outdo each other," she said.
So far, the bill is stalled and is not currently up for a vote.
There is speculation that if such a measure were to become law it would likely be blocked by the courts following a previous Supreme Court decision that ruled against requiring a woman to notify her husband for an abortion in 1992.
