A US couple who admitted to brutally killing their unborn baby may walk away without charges due to a legal loophole.
A seven-and-a-half-month pregnant woman and her boyfriend living in California decided they did not want to keep their unborn daughter, and so decided to kill her.
The state’s pro-abortion law means it is unlikely they will be prosecuted.
‘Traumatic injuries’
The woman said she asked her boyfriend to repeatedly punch her in the stomach.
He reportedly landed at least ten blows, and only stopped when the mother could no longer feel the baby moving.
When the baby was born at Kern Medical Center a week later, she was still alive, but died shortly afterwards as a result of her “traumatic injuries”, including a fractured skull and spinal injuries.
Medical staff called the police when they noticed the “severe bruising” on the mother’s stomach, which she initially claimed was the result of falling over.
Legal loophole
Under police questioning, she later admitted she had asked her boyfriend to assault her in order to kill the baby, which he denies.
The police and district attorney are reviewing the case, but may not be able to bring charges against the couple as California law is extremely permissive on abortion.
While the killing of an unborn child is viewed as murder, there is an exception if it was “solicited, aided, abetted or consented to by the mother”.
A local defence attorney explained: “In the state of California a person who is pregnant, still pregnant, can terminate their pregnancy almost by any means and not be held liable criminally for their actions.”
Still human
Right to Life’s Executive Director for Kern County Marylee Shrider said: “I wanted to burst into tears. It’s pretty sickening to read.”
She said that both parents should be culpable, and added that whether or not the baby girl was wanted should have no bearing on legal proceedings.
“The fact that she’s wanted or not wanted is not relevant. It doesn’t make her less human.”
