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How South Carolina's new abortion ban could impact sexual assault survivors

The law allows victims of rape or incest to get an abortion through 12 weeks, only if they agree to the crime being reported to law enforcement.

COLUMBIA, S.C. — Under the state’s new six-week abortion ban, South Carolinians who are raped will need to agree to report the crime to law enforcement, leaving advocates concerned that victims of sexual violence will be traumatized even more. 

“We're looking at abusive relationships in which there is now a pregnancy and potentially a child, and tying that victim to the abuser and decreasing the chances that they can leave safely,” said executive director of the South Carolina Coalition Against Domestic Violence and sexual assault (SCCADVASA) Sara Barber. 

She said the 12-week time limit isn’t long enough, especially for young survivors. 

“Young women, adolescents, or even elementary school children who become pregnant, may not know, they may not have regular periods. They're probably terrified of what's going on” said Barber. 

Senate Majority Leader Shane Massey sees the reporting requirement as a deterrent.

“If we're going to try to punish those crimes and to hold the criminals accountable, then law enforcement needs the evidence in order to pursue those things,” said Massey. “I would hope that we can use this to get more rapists off the street.”

According to Barber, 92 percent of survivors knew the perpetrator and only 12 percent of survivors reported to law enforcement last year. 

“Rape is an incredibly difficult crime to prosecute. Oftentimes survivors are not believed when they report,” said Barber. 

Barber, who spent hours testifying against the law at the State House, explained, “I don't think we were heard when we talked about the risks that this law posed to survivors.”

Massey told reporters on Wednesday that the law does not put the burden of reporting on the survivors. 

“If at some point the woman decides that she doesn't want to participate in a law enforcement effort, doesn't want to press charges, whatever in that regard, then law enforcement is going to honor that,” said Massey. 

Implementation of the law is the responsibility of sheriff departments where abortion clinics are located, which are Columbia, Charleston, and Greenville. 

The Richland County Sheriff’s Department said in a statement to News 19: 

The Richland County Sheriff’s Department will continue to investigate cases of sexual assault with the utmost care and concern for the dignity of our victims. If anyone has been a victim of a crime, we encourage them to report it.

If you or someone you know has suffered from sexual abuse you can contact the national sexual assault hotline at 1-800-656-4673.

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