| ANSWER TO COMMON QUESTIONS |
Initiated Measure 11 will stop abortion from being used as birth control. It will protect the lives of unborn children, and the interests and health of pregnant mothers, by prohibiting abortions except in cases where the mother's life or health is at risk, and in cases of rape and incest.
Initiated Measure 11 contains the following exceptions:
1) Life of the Mother
2) Health of the Mother
3) Rape of the Mother
4) Incest
As any questions arise, please advise the individual to read the initiative. However, some common questions are arising regarding these exceptions that include the following:
1) Can any woman who says she's been raped or is a victim of incest automatically have an abortion?
No, in sections 5-8 of the initiative, it clearly defines that a woman who indicates she has been raped or is the victim of incest must report the crime prior to seeking an abortion. The abortion clinic is responsible to ensure that the proper reporting has been completed. The reporting includes contacting proper authorities with the woman's name and contact information, details regarding the rape or act of incest and any details regarding the perpetrator. Further, the abortion clinic must obtain the woman's consent to collect evidence from the abortion for DNA analysis and within 24 hours make arrangements to provide the sample to the law. Also, the abortion clinic is responsible to provide counseling referrals to the victim.
2) Does the health exception allow for any woman who says she is suffering emotionally or mentally to have an abortion?
No, in section 4 of the initiative it clearly defines what would constitute a health exception and it does NOT allow for emotional or mental issues. The initiative defines health as a "...serious risk of a substantial and irreversible impairment of the functioning of a major bodily organ or system of the pregnant women should the pregnancy be continued and which risk could be prevented through an abortion, unless in reaching that judgment the physician knowingly disregards accepted standards of medical practice."
3) Why would we want to allow abortions in these cases? Why can't we save all of the babies?
An all out ban on abortion was voted on in 2006 and only 44%, at that time, voted to end abortion in all cases. Polling indicates that a strong majority of South Dakotans will vote to end abortion as birth control allowing for exceptions for rape, incest and health of the mother. Over a dozen attorneys came together, including Larry Long, South Dakota Attorney General, to write this initiative to ensure the strongest language that would be protected in the court of law.
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