Rape victims in Bartholomew County who become pregnant as a result of sexual violence may in theory qualify for an exemption in the state’s near-total abortion ban, but might find the reality of getting access to the procedure to be more complicated.
The ban, which took effect last month after an unsuccessful legal challenge, prohibits the vast majority of abortions even in the earliest stages of a pregnancy except in cases of rape and incest before 10 weeks post-fertilization, to protect the life and physical health of the mother and if the fetus is diagnosed with a lethal anomaly.
However, several of Indiana’s largest hospital systems haven’t been specific about their policies for post-rape abortions, raising questions about how rape victims can exercise their legal right to an abortion under the ban, The Indiana Capital Chronicle reported.
In a survey of eight of the state’s largest hospital systems, just one didn’t immediately rule out post-rape abortions — Indiana University Health, which also houses Riley Hospital for Children.
Several other hospital systems that are religiously affiliated like Franciscan and Lutheran have said they do not perform abortions in cases of rape, according to the Indiana Capital Chronicle.
Parkview Health said the system “does not perform elective abortions, including in cases of rape.” Deaconess Health System echoed Parkview’s statement on abortion access.
Neither St. Vincent nor its parent Ascension responded to requests for comment. Eskenazi Health and Community Health declined to answer provided questions.
Columbus Regional Health, for its part, only performs procedures to terminate pregnancies when the life or health of the mother is at risk, officials said. Even before the ban was enacted, patients seeking to end their pregnancies for non-medical reasons generally were referred elsewhere.
While the new law does not impact the range of procedures that CRH offers or under what circumstances doctors would perform them, it does impact where they might refer rape victims seeking to terminate their pregnancies.
Prior to the ban, CRH officials had more options on where to refer rape victims who wanted to end their pregnancies. In the past, CRH officials often would refer those patients to Planned Parenthood locations in Indiana as long as the mother’s life or health was not at risk, officials said last year.
The closest Planned Parenthood locations to Columbus that provided abortions were in Bloomington and Indianapolis.
However, Indiana’s abortion ban eliminated the licenses for all seven abortion clinics in the state, including Planned Parenthood, because they are not a hospital or owned by one, which are requirements for performing abortions under the new law.
Abortion clinics performed 98.5% of all abortions in the state in 2022, according to the Indiana Department of Health. Planned Parenthood locations in Indiana performed half of all abortions in the state last year, while Indiana University Health locations, including Riley Hospital for Children, performed just 0.79% of all abortions last year.
Last year, CRH officials said they were “exploring and researching whether these patients would need to be referred to academic medical centers that can provide this service.”
This week, CRH officials said they would refer rape victims who qualify for the exemption under the ban to Indiana University Health to terminated their pregnancies, though rape victims whose pregnancies are beyond 10 weeks post-fertilization would need to be referred across state lines for the procedures.
“If the patient were under 12 weeks gestational age (10 weeks post-fertilization), we would refer them to IU Medical Center as the termination would still be legal under Indiana law,” said CRH Physicians Vice President and Associate Chief Medical Officer Dr. Rachel Reed. “However, if they were greater than 12 weeks, we would need to refer them out of state. We would typically utilize Planned Parenthood. The closest centers offering second-trimester termination are in Cincinnati (Ohio), Champaign (Illinois) and Chicago.”
“Of course, if the patient’s life were at immediate risk we would provide any life-saving care that was necessary in accordance with Indiana law,” Reed added.
The survey of hospital systems comes as that ban has started dramatically reshaping the landscape of female reproductive healthcare in Indiana.
It also comes as advocates and attorneys have raised concerns about some of the implications that the ban — including what they describe as vague language — could have on healthcare providers and patients.
The Indiana Hospital Association, which maintains a neutral position on the ban, has described the new rules in the state as “a complex regulatory environment,” according to a statement to the Indiana Capital Chronicle.
At the same time, “it is unclear how a rape or incest survivor can access their legal right to an abortion in the circumstances where they find themselves,” Beth White, president and CEO of the Indiana Coalition to End Sexual Assault and Human Trafficking, told the Indiana Capital Chronicle.
“I think the hospitals will not be a remedy for the vast majority of people who are raped,” White said.
She said her organization is working with its providers to help survivors “find a way out of state,” adding that some groups are providing travel funding. But the average Hoosier abortion patient already has a child, White noted, and likely can’t miss work for several days.
And, she added, “Interpersonal violence and domestic violence is real. If someone needs an abortion due to forced sex in a relationship, they have even fewer options. (You can’t say), ‘I’m going to Michigan for a few days, and don’t ask me why or what I am spending money on.’”
State legislators representing parts of Bartholomew County — Rep. Ryan Lauer, R-Columbus, and Sen. Greg Walker, R-Columbus — voted in favor of the ban and were supportive of more restrictive measures that were ultimately not included in the law.
Lauer wanted to force women and girls who become pregnant due to rape or incest to carry their pregnancies to term. Walker voted in favor of a version of the law that would have required rape and incest victims to sign a notarized affidavit attesting to the attack.
The Indiana Capital Chronicle, which covers the state legislature and state government, contributed to this story. For more, visit indianacapitalchronicle.com.
