Professor Fiona de Londras:

There are a couple of potential challenges that probably would be the case if one was trying to specify rape or incest in a constitutional or legislative sense. The first is around the process use of proof and qualification. How would somebody actually establish that they are legally permitted to access abortion on the basis of those grounds? Would it require engagement with criminal justice systems? Would it require verification by a medic? In either case, it is likely to be quite damaging and also difficult to work.

Second, it would empower actors such as medics to make a decision and further disempower people who have already experienced either rape or incest. That is a disempowering disregard for their consent. It reinforces that.

While I understand entirely the concern to make sure people in those situations might be able to access abortion care, if they should wish to do so, that can be achieved under different means such as health grounds or grounds on request up to a certain limit