By
Tara Culp-Ressler/Think Progress
A
Pennsylvania House bill
seeks to limit the amount of TANF assistance that low-income women
receive based on the amount of children they give birth to while covered
under the program.
Despite the fact that low-income women who give birth to children
would logically need increased assistance to care for their larger
family, Pennsylvania lawmakers — State Reps. RoseMarie Swanger (R), Tom
Caltagirone (D), Mark Gillen (R), Keith Gillespie (R), Adam Harris (R),
and Mike Tobash (R) — don’t want their state’s welfare program to
provide additional benefits for that newborn. If a woman gives birth to a
child who was conceived from rape, she may seek an exception to this
rule so that her welfare benefits aren’t slashed, but
only if she can provide proof that she reported her sexual assault and her abuser’s identity to the police:
In determining the amount of assistance payments to a
recipient family of benefits under the Temporary Assistance to Needy
Families (TANF) Program, the department shall revise the schedule of
benefits to be paid to the recipient family by eliminating the
increment in benefits under the program for which that family would
otherwise be eligible as a result of the birth of a child conceived
during the period in which the family is eligible for benefits under the
TANF Program. [...]
Elimination of benefits under subsection (d) shall not apply to any
child conceived as a result of rape or incest if the department: (1)
receives a non-notarized, signed statement from the pregnant woman stating
that she was a victim of rape or incest, as the case may be, and that
she reported the crime, including the identity of the offender, if
known, to a law enforcement agency having the requisite jurisdiction
or, in the case of incest where a pregnant minor is the victim, to the
county child protective service agency and stating the name of the law
enforcement agency or child protective service agency to which the
report was made and the date such report was made.
The
language
of the bill goes on to note that a sexual assault victim applying for
an exemption will be required to sign a statement affirming she
understands that “false reports to law enforcement authorities are
punishable by law,” and stipulates that Pennsylvania will report any
“evidence of false statements or fraud” to the correct department, all
the way up to the Attorney General’s office.
Aside from punishing women who have children — particularly low-income women who may not have reliable access to
affordable contraception
— the proposed bill perpetrates a dangerous attitude toward survivors
of sexual assault. Forcing women to prove the legitimacy of their sexual
assault, and warning them about the serious consequences of “crying
rape” to cheat the system, puts forth the misguided assumption that
victims of sexual violence are not to be believed. Furthermore,
countless women
choose not to report their rapists to the police because they fear repercussions from their abusers, who could threaten their lives. An estimated
54 percent of sexual assaults are not reported to the authorities.
This is not the first type of legislation of its kind. Last month, New Mexico
proposed a bill
that would have required women seeking childcare assistance to prove
they were “forcibly raped,” although Gov. Susana Martinez (R) has
requested to remove that language.