Maricopa County attorney to not prosecute abortions for rape, incest victims

PHOENIX (3TV/CBS 5) --After the Supreme Court overturned Roe v. Wade last week, Maricopa County’s top prosecutor is providing some clarity about which abortion prosecutions will be enforced in the state. Maricopa County attorney Rachel Mitchell told Arizona’s Family she wouldn’t prosecute abortions for rape or incest victims. Mitchell says her background working with sex crimes cases provided a foundation for the decision.

“As you know, my background as a sex crimes prosecutor and when I consider those situations, those aren’t theoretical discussions to me. I’ve had quite a few cases where women have gotten pregnant through rape or children have gotten raped pregnant through molestation or incest and that’s a completely different issue. I am not here to revictimize victims,” said Mitchell.

Abortion providers Arizona’s Family spoke with questioned the decision and how it would work. Providers asked if they’d have to get a police report from victims.

Dr. Ronald Yunis, who’s been an OBGYN for 25 years, was more critical. “Just an empty statement, the hypocrisy of it is unbelievable. So it’s okay to do an abortion on someone or an unborn child that is the product of incest or rape or whatever that is in no way that unborn child’s fault, but it’s not okay to do in the case of domestic violence or something else. Where do you draw that line? It’s just laughable,” he said.

Ashleigh Feiring said she’s been fielding questions from desperate patients. “I know these women need and want help. And it shouldn’t be this hard,” Feiring said. “If that’s what I’m happy about that’s really sad. That I’m happy that she’s giving some leeway to women who are in exceptional circumstances,” she continued.

After the court’s decision on Friday, two abortion laws are at issue. In March, the state Legislature passed SB 1164, which it makes it a crime for a doctor to perform an abortion after 15 weeks and are at risk of facing felony charges or losing their licenses. It’s set to take effect in about 90 days, prohibiting abortions after 15 weeks. The law makes an exception for cases when the mother is at risk of death or serious permanent injury, but not for instances of rape or incest. The second law is a 120-year-old territorial law that bans all abortions except in cases where the mother’s health is at risk, but not for rape or incest.

Mitchell, who was sworn in in April and is running to keep her job as county attorney, says she will enforce whatever law is on the books but says she’ll use her prosecutorial decision for rape and incest cases. Arizona Attorney General Mark Brnovich’s office has not said which law will take precedence and deferred to the county attorneys who have primary jurisdiction.

After the controversial U.S. Supreme Court decision, thousands took to the streets at the Arizona Capitol to protest all weekend. On Friday night, DPS troopers used tear gas to break up the crowd, which some said was used without warning. Up to 8,000 people were there. Demonstrators also showed up on Saturday and Sunday nights.

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