DALLAS — Experts on and opponents of Texas' new abortion ban are speaking out against a controversial element of the law: the lack of exception for rape or incest. 

What You Need To Know

  • In 2019 in Texas, only about one in seven reported rapes resulted in an arrest

  • Research shows that more than 90% sexual assault survivors in Texas do not report the incidents to law enforcement, for a variety of reasons

  • Research shows that more than 6 million adults in Texas have experienced some form of sexual assault in their lifetime, but less than 10% report the crime

  • Sexual assault advocates say obtaining a conviction for sexual assault is especially difficult

“This law will traumatize survivors of sexual violence even more than they already have been because it strips up their right to control their bodies and their lives," said Elizabeth Boyce, general counsel for the Texas Association Against Sexual Assault. ​​

“You may have a very young person who is a victim of incest, who is carrying being forced, essentially, to carry the consequences of that brutal act to term," said Wendy Davis, former Democratic state senator and founder of Deeds Not Words. 

In response to a question about the issue last week, Gov. Greg Abbott said, "Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas, by aggressively going out and arresting them and prosecuting them and getting them off the streets. So, goal number one in the state of Texas, is to eliminate rape, so that no woman no person will be a victim of rape."

Experts who research the prevalence of sexual assault say it is not as simple as just arresting, prosecuting and convicting all rapists. Research shows that more than 90% of survivors of sexual assault in Texas do not report the incidents to law enforcement, for a variety of reasons. 

In 2019 in Texas, only about one in seven reported rapes resulted in an arrest. Research shows that more than 6 million adults in Texas have experienced some form of sexual assault in their lifetime, but less than 10% report the crime. Experts say the process of reporting a sexual assault can be traumatizing. 

"A rape victim needs to, number one, wake up and say, 'Oh my gosh that just happened.' Number two, 'I really need to go to the police immediately and I need to seek medical attention, because I am now potentially evidence,' and then they have to be violated again just to collect that evidence. And so, it's just this continual pounding on victims," said Rep. Jasmine Crockett, D-Dallas. 

Recounting the details of the sexual assault in front of a judge and jury can also be traumatizing. 

“To have to repeat those details in front of strangers, for them to decide whether or not you're telling them the truth, I mean it is tough for so many reasons," said Crockett. 

Further complicating the issue, 70% of sexual assaults are committed by someone known or related to the victim. 

"Despite the popular myths about rape, about the stranger assault in a parking lot for example, those do happen, of course they happen, but the vast majority of sexual assaults are actually perpetrated by someone known to the victim," said Boyce. 

"Most rapists aren't on the streets, most rapists are in your home, at your family reunion, at your workplace. Most rape occurs between people who know one another. The idea that he's going to get every rapist off the street is a cynical diversion from the impracticalities, and really the cruelty, of this law, that it imprisons women in their own bodies, even in the instance of rape and incest," said Sen. Sarah Eckhardt, D-Austin. 

Obtaining a conviction for sexual assault is especially difficult, even with rape kit evidence.  

“Even when you look at things like DNA. DNA doesn't tell you if it got there consensually or not. It just tells you that something absolutely happened," said Crockett.

According to national statistics, out of every 1,000 sexual assaults, only 310 are reported to police. Of those 310, only 25 end up incarcerated. Experts say eliminating sexual assault will take a coordinated approach that goes beyond prosecution. 

"It requires a holistic approach that examines the dynamics and the vulnerabilities that exist for survivors as well as how survivors are treated. We have to analyze conditions in society that allow these assaults to occur in the first place. And we have to really grapple with the fact that rapists often have little to no accountability in Texas and and across the country," said Boyce. “These are not simple matters, and certainly if it was so easy I think we would have eliminated it long ago."

Capital Tonight reached out to the governor’s office for comment, and a spokesperson said Abbott “has championed the safety and security of all Texans and has particularly focused on protecting and supporting women who may be victims of sexual assault.” The spokesperson pointed towards Abbott’s support of legislation to change the bail system, address the rape kit backlog and prevent cuts to law enforcement funding as examples of his efforts to reduce sexual assault. 

The statement went on to say, "With the strongest laws and best enforcement, evil people will do evil things – and our responsibility as a society is to support crime victims with the resources and help they need."