Prosecutor to drop murder charge against Texas woman over an abortion

Protesters stand outside the Starr County Jail over abortion charge

A murder charge against a 26-year-old woman who was arrested for a self-induced abortion will be dropped on Monday, a Texas prosecutor has said.

Lizelle Herrera spent three days in jail after allegedly causing "the death of an individual" via abortion.

But on Sunday, Starr County District Attorney Gocha Allen Ramirez said it was "clear" Ms Herrera could not be prosecuted under Texas law.

Last year, Texas barred abortions as early as six weeks into pregnancy.

It is still unclear whether Ms Herrera was accused of having an abortion, assisting someone else with an abortion, or how far along the pregnancy had been. Texas law exempts pregnant women from being charged with murder in connection with "the death of an unborn child".

Ms Herrera was arrested on Friday and detained in Starr County, in southern Texas, a local sheriff's official said. Frontera Fund, an abortion rights organisation, said she was released on $500,000 (£383,500) bail the next day.

In a statement on Saturday, the sheriff's office said Ms Herrera was arrested and served with an indictment on the charge of murder after she "intentionally and knowingly [caused] the death of an individual by self-induced abortion".

On Sunday, District Attorney Ramirez said that, after reviewing applicable Texas law, it became clear she could not be prosecuted for murder.

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He added: "The events leading up to this indictment have taken a toll on Ms Harrera and her family. To ignore this fact would be short-sighted."

The near-total abortion ban in Texas is among the most restrictive in the country. The law is enforced by giving any individual - from Texas or elsewhere - the right to sue doctors who perform an abortion past the six-week point. However, it does not allow the women who get the procedure to be sued.

Last year, Texas also narrowed the window in which doctors are able to give abortion-inducing drugs to people up to 10 weeks into pregnancy and barred mailing such medication.

In most states in the US, abortions are prohibited after the point of foetal viability - the point at which a foetus could survive outside the womb, usually at about 24 weeks.

But several states - like Texas - have barred the procedure much earlier in pregnancy in anticipation of a Supreme Court ruling that may overturn the landmark legal decision guaranteeing the right to abortion in the US.

The Supreme Court in June will rule on a Mississippi law that would bar abortions after 15 weeks of pregnancy, even in cases of rape or incest.