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Creation is not assumption of the risk. If you did not mentally do it, you didn't do it. It is only on this basis that you can assert the embryo is not itself a rapist or physical assaulter.Absolutely correct.
Yes, it can. Assumption of the risk.
Furthermore, it is only on this basis that you could assert that a state banning the removal of the embryo by the woman or third party is not an intentional physical assaulter.
Since the state consciously knows that banning that removal will cause harm to the woman, it is at least committing a type of criminal negligence if any harm is done to her mind or body, because that harm could be eliminated.
It's no different if the state consciously knows that banning medical help in setting a broken leg or having a treatment to undo the damage of a car accident is criminal negligence. If she were allowed the natural means of fixing the harm from an accident for which she assumed the risk, she would not suffer permanent harm.
The notion that pregnancy is not permanent harm is belied by the fact that pregnancy has been treated as additional injury in rape cases in some state laws, at least for those who have never given birth. I seriously doubt that you would be unable to find two obgyns willing to swear in court that pregnancy carried to term is injury.