'It is clear to me that the events leading up to this indictment have taken a toll on Ms. Herrera and her family' (via toofab)
"In reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her," 229th Judicial District Attorney Gocha Allen Ramirez wrote in a statement.
The arrest had triggered protests outside the jail in Texas, which has among the most restrictive abortion laws in the United States. While abortion has been legal in the US since the landmark Roe V. Wade case in 1973, many states have local laws that make it as difficult as possible. In September, Texas introduced its most restrictive law yet, the Heartbeat Act, which bans abortions once a fetal heartbeat is detectable — as early as six weeks — which could be before a woman even knows she is pregnant. Cases of rape or incest are not exceptions.
Texas also allows private citizens to sue anyone that aids and abets a person having an abortion, trough civil rather than criminal litigation, to the possible tune of $10k — deemed by critics as"bounty hunter law". The only person who cannot be sued under this law is the pregnant woman herself — which is what made the initial arrest and indictment so puzzling; the Sheriff's Office did not initially make clear under what law Herrera was being prosecuted.
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