Atlanta area District Attorneys say they won't prosecute women for abortions

A big concern surrounding Georgia’s “heartbeat” law is whether a woman could be prosecuted for terminating a pregnancy.

11Alive - May 17, 2019

“DA Howard has no intention of ever prosecuting a woman under this new law,” said Chris Hopper, director of public affairs for the Fulton County District Attorney’s Office.

“… this office will not be prosecuting any women under the new law as long as I’m District Attorney,” said Gwinnett County District Attorney Danny Porter.

Porter issued the following statement:

“In terms of the what seem to be the most pressing questions, I believe that under the current law it is not possible to prosecute a woman who has an abortion even if it is self-induced for either Murder or Unlawful Abortion. Therefore as a matter of law (as opposed to politics) this office will not be prosecuting any women under the new law as long as I’m District Attorney. As far as abortion providers, There is a very clear statute in existence which is unmodified by HB 481 which describes the circumstances which would lead to prosecution. I started here in 1981 and we have never had such a case in Gwinnett County.

The undecided question in the law is whether the unborn child can be a victim of a crime independent or in conjunction with the mother. Until the courts rule otherwise, I believe that there are possible scenarios where the unborn child could be the victim of a theft or an assault independent of the mother. There are any number of situations where the unborn child could be an additional victim for a crime against the mother.”

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