Republicans are proposing their own exceptions to Tennessee’s abortion ban, but a defense attorney says they don’t go far enough

Republicans are attempting to amend the state’s strict abortion law.

One bill would allow abortions to save the life of the pregnant person. The other would add some exceptions for rape and incest.

But one lawyer believes the legislation doesn’t go far enough.

Life-threatening exception

Specifically, the bill only applies criminal penalties to elective abortions. Meaning, if a physician believes an abortion is medically necessary to save the life of the pregnant person, they would be exempt from charges.

Physicians have pointed out that the current law treats them as guilty until proven innocent. Knoxville-based criminal defense attorney Chloe Akers says this latest proposal still leaves too much gray area.

“If we’re creating a mechanism for doctors and health care providers to have to consider their liberty before treating their patients, we’re not doing right by Tennesseans,” said Akers.

Akers says it is unclear when an abortion would be medically necessary. She gave an example:

“A patient is diagnosed with a serious form of cancer early in her pregnancy that may kill her if she does not receive treatment,” Akers said. “But you can’t receive chemo, radiation or surgical intervention if you’re pregnant. So if the patient wants to terminate her pregnancy to receive treatment for a cancer that isn’t certain to kill her, does that qualify?”

Under the law, it’s unclear and would be left up for a doctor to decide. Akers says that alone is enough to cause hesitation.

“You’re still having to decide: Will I face arrest and prosecution for performing this procedure or not?”

WPLN News reached out to the House and Senate sponsor for the bill but did not hear back by the time this story published.

Rape and incest exception

As for the proposal dealing with rape and incest, exceptions are only available to victims who report the offense to law enforcement. But they’d be subject to a felony and three years in prison under a new crime for filing a false report of rape or incest for the purpose of obtaining an abortion.

Akers worries that if a rapist is found not guilty it could land the plaintiff in prison. But she says being found not guilty doesn’t mean rape didn’t occur.

“You have to understand that a verdict of not guilty is very different from a verdict of innocence,” Akers said. “Because not guilty doesn’t mean it didn’t happen, doesn’t mean it didn’t occur. [It] means the state failed to prove its case beyond a reasonable doubt.”

Meanwhile, Democrats filed a bill earlier in the week to repeal the total abortion ban, but it has slim chances in the Republican-controlled legislature.