Thursday, February 14, 2008

Court Again Upholds Texas Fetal Protection Law

Meanwhile, here in the U.S., Texas punishes causing the death of a fetus as capital murder.  AP: Court upholds Texas fetal protection law, by Jim Vertuno:

Texas' highest criminal appeals court on Wednesday upheld a state law that allows prosecution for causing the death of an unborn child, affirming a conviction in the case of a 16-year-old whose belly was stomped so she would miscarry twins.    

It was the second time in the past four months that the Court of Criminal Appeal has upheld the fetal protection law, which covers deaths aside from legal abortions.

The case in Lufkin was notable because of the girl's testimony that she was a willing accomplice who beat herself in the stomach and asked to be stomped to induce the miscarriage.   

Gerardo Flores, 19 at the time of the 2004 miscarriage, was convicted of capital murder and sentenced to life in prison. The 16-year-old, Erica Basoria, was not charged. Prosecutors believed she was an abuse victim and didn't really consent to being beaten.

For more on this case, see Texas Court Affirms Life Sentence for Feticide.

Fetal Rights, In the Courts, State and Local News | Permalink

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