GOP Congressional candidate warns women will make “false accusations” of rape and incest to obtain abortions

Updated July 24, 2024.

John McCloy, the Mount Dora Republican challenging Congressman Daniel Webster in the District 11 Aug. 20 primary, said he supports the exceptions for a mother’s life and rape and incest in Florida’s six-week abortion ban. However, he warns women will make “false accusations” in order to obtain abortions. 

In Florida, abortions are prohibited six weeks after a woman’s last menstrual period. But with documentation, in cases of rape, incest or human trafficking, an abortion can be performed up until 15 weeks. 

“I've read that you can have increased accusations of rape, or brothers have to take the fall of incest if the sister gets pregnant. And so, there should be some exceptions, but  society needs to know that there's unintended consequences behind that,” McCloy said. 

McCloy, who describes himself as “very pro-life,” made his comments during an interview for VoxPopuli’s 2024 Voting Guide. 

Asked Monday to clarify if he meant that women would use rape and incest as an excuse to obtain abortions, McCloy texted, “There can be exceptions for rape and incest, but just be aware of false accusations.” McCloy added, “I had read a story of a woman who falsely used the incest story to get an abortion. Will that be a growing problem in the future?”

VoxPopuli asked again, texting, “So you meant incest exceptions could lead to false accusation of incest?” 

McCloy responded, “Correct.” He declined to say where he read the incest story.

Barbie Harden Hall, Democratic nominee for Congressional District 11, responded to McCloy’s comments in an email to VoxPopuli. 

“The reality is that even when the law allows for exceptions in these instances, women are still denied access, including victims of rape and incest,” she wrote in her email. “We have seen the ramifications of the legal process on women reporting that they have been raped or assaulted. Women would rather not seek justice for crimes against them to prevent accusations that they are lying. Mr. McCloy’s misguided response shadows why women feel that way.”

She added, “Mr. McCloy’s comments only reiterate why these important, life-altering medical decisions should never be made by politicians.” 

Attorney Marsha Summersill, the Democratic nominee for Florida House District 39, which includes Winter Garden and Oakland, told VoxPopuli that she has seen “the most horrific sexual abuse cases” in the 17 years she was a forensic interviewer for child abuse victims at the Department of Children and Families, the Child Protection Team and Children’s Legal Services. 

“For someone to say victims, or women, would increase false allegations is absolutely atrocious and inappropriate, and it conflicts with the statistics that we know as child abuse experts and as victim advocates for women who have been sexually assaulted,” Summersill said. 

Democratic State Rep. Anna V. Eskamani of District 42 also weighed in. Eskamani worked at Planned Parenthood from 2012 to 2018.

“This statement only further traumatizes survivors of sexual violence, discourages them from seeking help, and creates barriers to accessing necessary medical care,” she said. “It should also be noted that studies have shown false reports of rape are very rare. Instead of spreading lies about women, politicians should respect women to make personal medical decisions that are right for them.”

Webster's campaign did not respond to a request for comment.

Unreported rape   

False reporting of sexual assault is highly uncommon, just 2 to 10 percent of cases, affirmed Laura Palumbo, communications director for the National Sexual Violence Resource Center. 

“Misinformation about false accusations is often rooted in victim-blaming myths and harmful attitudes that add to the stigma and barriers survivors of sexual assault face,” Palumbo said. “Believing survivors and providing access to the support and options they need impacts the safety and well-being of the entire community.”

Indeed, according to a 2023 dispatch from the Justice Department two-thirds of rape and sexual assaults go unreported to law enforcement. And that’s largely because of beliefs that law enforcement can’t or won’t help and fears of retaliation. In nearly 80 percent of cases, according to Bureau of Justice Statistics, the assailant was someone known: a family member, intimate partner, friend, acquaintance.   

Steady abortion rate

Rape/incest exceptions do not appear to lead to more abortions. Twenty states currently have abortion bans or very early gestational limits, according to KFF (Kaiser Family Foundation), a non-profit organization for health policy research. Ten states have exceptions for rape and incest. 

 In the first year since Roe v. Wade was overturned, the number of abortions in the U.S. topped 1 million, an 11 percent increase since 2020, the last year for which comprehensive statistics are available, and the highest number in more than a decade, according to the Guttmacher Institute, which tracks abortion access in the U.S.

Still, abortion rates over the past year in states with rape and incest exceptions remained steady, according to the Guttmacher Institute.

It is challenging to obtain the abortions these exceptions are meant to provide. In Florida, official documentation, like a restraining order, police report or medical record that attests to the rape, incest or human trafficking, is required for an abortion to be performed up to 15 weeks, and even then there's still no guarantee because it may not be possible to find a provider within the 15 week time-frame.

“I'm for exceptions, for logical exceptions," McCloy said. "But the whole goal of all of this legislation at the state levels is to hopefully have reduced abortions in the United States and more babies being born."   

The National Sexual Assault Hotline number provides 24/7 confidential support at 800-656-4673. RAINN also provides a confidential online chat option with its staff members and other services to help survivors of rape, incest and other sexual violence.