Social Question

RedDeerGuy1's avatar

Is it murder, in your jurisdiction, if a pregnant woman is assaulted and has a miscarriage?

Asked by RedDeerGuy1 (24473points) May 5th, 2022
6 responses
“Great Question” (2points)

Vs. having an abortion? Do we have a double standard in some jurisdictions? Is there conflicting laws or beliefs in a state/province? Where it is murder to harm a pregnant woman and not with abortion?

In any country? Not necessarily in Canada or the United States.

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Answers

SQUEEKY2's avatar

Knowing some of these wacky fright wing states probably and they would no doubt charge the woman, not the assailant.

Dutchess_III's avatar

I think it’s considered murder only after a certain time in the pregnancy.
In the 80s a guy discharged a gun on the 4th of July and accidentally killed a pregnant women. He was charged with 2 counts of murder.

KNOWITALL's avatar

Yes my state does have Fetal Homicide Law. 38 total states do. Missouri defines life as beginning at conception since 1986.

seawulf575's avatar

There are several states that consider it murder. But it is interesting…it really isn’t about the baby, it’s about the woman. If a woman in one of these states decides to have an abortion, it is not considered murder. In the eyes of the law, the unborn baby is not a person and therefore it cannot be murder. The doctor performing the abortion is not killing a baby, it’s getting rid of unwanted cells. But if someone kills the baby by attacking the mother, that same unborn baby is suddenly granted the status of being a human being and murder applies.

Here’s a question though: If a woman is attacked on her way into an abortion clinic to have the baby aborted and that attack kills the unborn baby, is it really murder?

Dutchess_III's avatar

It depends on how far along in her pregnancy she is @wulfie. As I said above.

Kropotkin's avatar

It’s not murder under UK law as far as I understand.

I’d guess that US states which claim foetuses have ‘personhood’ would probably also love to classify abortion as murder if not for the Supreme Court’s ruling.

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