A new study published in JAMA Network Open reveals the devastating impact of the US Supreme Court’s decision to overturn Roe v Wade on survivors of rape who become pregnant. The study estimates that more than 64 000 rape-related pregnancies occurred in 14 states that banned abortion at any gestational duration, with only a fraction of them eligible for legal exceptions.
The study, conducted by researchers from the University of California, San Francisco, and the Guttmacher Institute, used multiple data sources to estimate the number of reported and unreported rapes in states with total abortion bans, as well as the number of resulting pregnancies. The researchers found that between July 1, 2022, and January 1, 2024, there were 519 981 completed rapes in these states, of which 64 565 led to pregnancy. Of these pregnancies, only 5586 (9%) occurred in states with rape exceptions, and even then, survivors had to report the rape to law enforcement and comply with strict gestational duration limits, which likely disqualified most of them from accessing legal abortion.
The study also found that Texas, which enacted the most restrictive abortion law in the nation, accounted for 26 313 (45%) of the rape-related pregnancies in the total abortion ban states. Texas’ law, known as SB 8, prohibits abortion after six weeks of pregnancy and allows private citizens to sue anyone who helps a person obtain an abortion after that point.
The researchers argue that the abortion bans effectively force survivors of rape to carry the pregnancy to term, violating their human rights and dignity. They also point out the potential physical and mental health consequences of rape-related pregnancy, such as increased risk of maternal mortality, posttraumatic stress disorder, depression, and suicide.
The study calls for the repeal of the abortion bans and the restoration of the constitutional right to abortion for all people, regardless of the circumstances of their pregnancy. The researchers also urge the federal government to pass legislation that would protect abortion access from state interference, such as the Women’s Health Protection Act and the EACH Act.
The study is one of the first to quantify the impact of the Dobbs decision on survivors of rape, and highlights the urgent need for action to ensure that they have access to safe and legal abortion care. As the researchers conclude, “Survivors of rape deserve compassion, support, and respect for their autonomy, not coercion and punishment by the state.”
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