Ohio's Republican lawmakers have no plans to exempt rape, incest from abortion ban

A Columbus man was charged last week with raping a 10-year-old girl who got an abortion in Indiana, inflaming the debate over whether sexual assault survivors in Ohio should be allowed to end a pregnancy.

For now, the answer among lawmakers is still no.

Ohio's current law bans abortion after cardiac activity is detected, which usually occurs around six weeks gestation. The procedure is legal beyond this threshold only if it's necessary to prevent the pregnant person's death or "serious risk of the substantial and irreversible impairment of a major bodily function."

Q u0026 A: What we know about case of 10-year-old Ohio girl who sought abortion in Indiana

Ohio banned abortion after 6 weeks: What other bills are lawmakers working on?

Ohio lawmakers may look to better define 'life of the mother' abortion exemptions

There are no exceptions for cases of rape and incest, and Republican leaders who control the Ohio House and Senate will likely keep it that way as they consider a total abortion ban later this year.

Instead, lawmakers may explore ways to better define "life of the mother" rules. Attorney General Dave Yost claimed the 10-year-old didn't need to leave Ohio to get an abortion because her pregnancy would have been a medical emergency, but doctors disagreed.

Ohio abortion ban: Do 10-year-olds meet 'life of mother' abortion exemptions? Ohio lawmakers, doctors divided

Ohio 6-week abortion ban: Mental health isn't an exception in Ohio's heartbeat abortion law. Should it be?

"This case along with many other cases that happen are relatively rare," Senate President Matt Huffman, R-Lima, said. "Those need to be addressed as specifically as possible so the people involved, the medical professionals, have clear direction about what to do."

For example, Huffman doesn't consider inducing during miscarriage to be abortion.

"If this child is not going to live and is threatening the health or the life of the mother, it’s not an abortion, and it needs to be defined as such in the bill," he said.

Ohio abortion ban exemptions debated

In 2020, 521 minors got an abortion in Ohio, including 52 who were younger than 15, according to the Ohio Department of Health. The department does not track whether the pregnancies were the result of sexual assault.

Doctors and advocates say forcing anyone to carry their rapist's baby – particularly a child or teenager – can cause trauma that leads to addiction or suicidal ideation. A 2001 study found children who suffer sexual abuse may be 10 times to 13 times more likely to attempt suicide.

Abortion: Story of Ohio 10-year-old rape victim who had abortion in Indiana explodes on social media

"This decision is about more than abortion," the Ohio Alliance to End Sexual Violence said after Roe v. Wade was overturned in June. "It is rooted in oppression, deciding who has power over us, who makes decisions for us, and who will dictate our future access to legal rights."

Polling shows Americans' views on abortion aren't black and white, but bans that provide exceptions for rape and incest are generally well-received.

A recent Pew Research Center survey found 69% of Americans believe abortion should be legal if the pregnancy was caused by rape, including 83% of Democrats and 56% of Republicans. Polling by Monmouth University indicated 85% of Americans support exceptions for rape, incest and to save the pregnant person's life.

If Ohio enacts a full ban later this year without these exemptions, it would follow states such as Alabama, Mississippi, South Dakota and Texas.

Abortion in Ohio: Ohio lawmakers introduce bill banning abortion at conception unless mother's life at risk

That's a path Ohio Right to Life would support. Spokeswoman Elizabeth Whitmarsh said the group wants lawmakers to increase penalties for rapists, but it does not believe the fetus should be punished for "crimes of the father."

"I absolutely believe that Ohio should advance any and every policy meant to prevent such horrific cases like we saw happen to the 10-year-old girl," Whitmarsh said.

Where do Ohio lawmakers stand?

Democrats tried to include rape exemptions in Ohio's six-week ban when it was first debated, but those amendments failed. In the end, some Republicans joined them in opposing the final bill.

"I heard from many constituents in my district who had extenuating, nuanced circumstances, and I don't think government can possibly know all of the different reasons that someone would have to seek treatment or seek the termination of a pregnancy," state Sen. Stephanie Kunze, R-Hilliard, said.

Recent legislation doesn't exclude these cases, either. A bill introduced last week by state Rep. Gary Click, R-Vickery, would ban all abortions, except to save the life of the pregnant person. A proposed trigger ban from Rep. Jean Schmidt, R-Miami Township, also did not include rape and incest exemptions.

Abortion: Arrest made in rape of Ohio girl that led to Indiana abortion drawing international attention

Schmidt said earlier this year that a hypothetical teenager who had been raped would have the "opportunity" to help that child become a "productive human being."

Click did not respond to an interview request. Schmidt abruptly ended the phone call when reached by the USA TODAY Network Ohio Bureau.

A spokesman for Gov. Mike DeWine declined to say where the governor stands on rape and incest exemptions, saying he's focused on "supports for moms and babies."

Huffman opposes blanket exceptions for cases of rape and incest. He said Monday that GOP senators drafting the Senate's bill may review the mental health impacts of rape victims – particularly minor victims – carrying to term.

Here's what we know: 10-year-old travels to Indiana for abortion and Columbus man arrested

"I don’t know because I'm not a medical person how that fits with exceptions already in the law," he said.

Ultimately, though, he expects the impending ban to eradicate abortion in Ohio.

"If there’s going to be some sort of exception, it needs to be narrow," Huffman said. "It needs to be specific...That's why we have a few months to go through and think about things specifically."

Columbus Dispatch reporter Max Filby contributed to this report.

Haley BeMiller and Anna Staver are reporters for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Ohio abortion: Will case of 10-year-old girl change GOP minds?