Abortion is expected to be a major topic of debate in this year’s South Carolina legislative session.
One bill, re-introduced this year, would allow women who receive abortions to be charged with homicide.
The bill, pre-filed by Representative Robert Harris, seeks to redefine an unborn child as a “person” under South Carolina’s state homicide and assault laws. This means harm to an unborn child, including through abortion, could be prosecuted as homicide.
The legislation includes a few exceptions. Those include life-saving medical procedures, spontaneous miscarriages, and unintentional errors by licensed medical professionals. Additionally, individuals who have been threatened with physical harm to obtain an abortion would be able to use that as a defense.
Ashley Lidow with the Women’s Rights and Empowerment Network opposes the bill and said it would further complicate access to critical health care.
“Abortion is health care, and folks should really be able to go to their doctor and get that amazing health care from them without any interference,” Lidow said, “Folks also don't need to be worried about being criminalized for bringing up a health concern with their health care provider. That's going to drive people away from getting the care that they need,” she said.
While the bill’s intention is to ensure “equal protection under the law” for unborn children, similar legislation has been filed in past years but has failed to pass.
In a 2022 letter, dozens of pro-life activists voiced opposition to measures that seek to criminalize individuals who obtain abortions.
The letter read: “Women are victims of abortion and require our compassion and support as well as ready access to counseling and social services. We do not support any measure seeking to criminalize or punish women and we stand firmly opposed to include such penalties in legislation.”
Representative Harris, the bill’s sponsor, was unavailable for an interview when contacted for comment.