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03/06/2006 Rep. Kraus Urges Careful Review of Abortion Ban
RAPID CITY, SD -- State Representative Elizabeth Kraus, District 34, addressed the public concern about the abortion ban’s effect on victims of rape or incest. HB1215, which will ban abortion in South Dakota except to save the life of the mother, has been criticized because of the common misperception that victims of rape or incest will be denied choice. Rep. Kraus noted that Section 3 of HB1215 does not change current law that allows use of emergency contraception or the "morning after pill", except to limit the days it can be prescribed. Any victim of rape or incest will, even after HB1215 becomes law, still be able to choose emergency contraception to prevent a pregnancy prior to the time that her pregnancy test is positive. Medical experts have stated that a pregnancy test cannot detect a pregnancy until 5 to 10 days after sexual intercourse, depending on the hormone level of the individual woman. Section 3 of HB1215 states: “Nothing in Section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing…” Under the explicit language of HB1215, as passed by the South Dakota Legislature, a victim of rape or incest will still be able to obtain a medical abortion through the use of emergency contraception.
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