On Monday, December 17^th, Imelda Cortez, a rape survivor, was released from prison after a judge found her not guilty on reduced her charges. Imelda was initially found guilty and charged with attempted aggravated homicide after doctors thought she had tried to have an abortion. The law in El Salvador states that abortion in all cases is illegal. In Imelda’s case, despite her baby being a result of both rape and incest, she had not tried to have an abortion and had actually experienced a miscarriage. Her child was conceived after years of being raped by her 70-year-old step father, a detail that she had told authorities before she was taken to prison. Even when a DNA test revealed that she was telling the truth, authorities kept her behind bars. Her step-father was prosecuted but was charged with aggravated sexual assault of a minor and only faced 15 years in prison. Cortez had been in prison for one and a half years of her 20-year sentence before her case was finally reevaluated and discussed in court. The ruling of Cortez’s case has set a precedent for dealing with the country’s harsh anti-abortion laws and may help other woman who have been convicted for abortion regain their freedom. In the past year, as push back against the complete ban on abortions, other women who were imprisoned for alleged abortions were released.

Cortez is one of many women who were prosecuted by the Salvadorian authorities for allegedly having an abortion. Since the law was passed in 1998 declaring abortion illegal in all cases, dozens of women have been placed behind bars. Cortez’s case has been a step towards dismantling this law and lessening the punishment for woman who have abortions, stillbirths, or miscarriages. After the court ruled in favor of Cortez’s release, lawyer Bertha de Leon stated that”The decision of head judge is an important precedent in the fight for the rights of women…and could set a precedent for other woman in similar situations.” Ava-Guillon, director of Women’s Equality Center told Aljazeera that the judge’s ruling is “changing the perspective… [Cortez’s case] has created a lot of sensitivity about the fact that women cannot access abortion even in cases of rape.”Ava-Guillon also recalled how “Imelda’s story is not happening in a vacuum. This is part of a systematic persecution of poor women by the government of El Salvador. She’s part of a group of women who have been wrongfully accused because of the stigma around reproductive health.” This statement suggests that the ban on abortion is doing more than just targeting those who have had abortions by stigmatizing and prosecuting poor women in El Salvador.

In the past year, another case that has found similar success is that of Carmen Vasquez, a woman who was released from prison after being sentenced to 30 years in prison in 2008 for allegedly aborting her child. Like Cortez, Vasquez claimed that she had not had an abortion and during her trial maintained that she had experienced a stillbirth. After her release, Vasquez told Aljazeera “For us women who have been detained in a prison for late-term obstetric emergencies, I consider the system unjust because they have not investigated the things as they have happened…They’ve accused us of something that we’ve never done, just because we had these emergencies outside a hospital.” Unlike Vasquez and Cortez, there are still at least 24 women behind bars for abortion related crimes in El Salvador. Most of these women are from poorer neighborhoods and are often unable to afford a good lawyer, emphasizing the larger implications of this abortion ban. Additionally, though some women have been able to gain their freedom, a bill set in motion to depenalize abortion in cases of rape of a minor and risk to the life or health of mother failed to pass in April 2018. This ruling suggests that though some judges are able to influence the outcomes of individual cases, the Salvadorian government as a whole is still deeply opposed to abortion in all cases. El Salvador as a whole has had problems with gender equality for decades and has been listed as one of the deadliest countries for women. For women who are victims of rape like Cortez they are often not so lucky as to have their attacker prosecuted and imprisoned. In fact, most women refrain from ever revealing their attacker or seeking help from a doctor as this often results in their death.

Though abortion is a highly controversial topic all over the world, it must be dealt with in a way that allows women to make the decision for themselves. This must be especially true for women who are victims of rape and incest and for those who may suffer complications if they were to give birth. One must put their own beliefs aside and realize that each woman has their own individual experience with abortion and must be allowed to decide what is right for herself. This is especially true for women in El Salvador who are often victims of rape or incest. The Salvadorian government must do more to acknowledge gender disparities as well and work towards making their country a safe environment for women where they can feel comfortable seeking assistance with reproductive and mental health.