QuestionQUESTION: Hi. I am confused about the issue of fetal protection laws. I am pro-choice and believe a woman should be able to have an abortion if that is what she feels is best for her. But if a man deliberately attacks his wife/girlfriend to harm her fetus, or if a pregnant woman's fetus is harmed during a crime, why shouldn't the perpetrator be punished? Like for example, I heard about an eleven year old boy who is being charged as an adult for killing his dads pregnant girlfriend(she was eight months pregnant). He is being charged with the death of her AND the unborn child. Why are pro-choice groups and advocates against this? In this case, the woman did NOT choose. She WANTED her baby, and someone took that choice away from her. Thanks.
Linda
ANSWER: Hi Linda :)
Because it leads to a slippery slope-when are they considering that fetus a person-someone with full rights under the law. It could be taken by the anti-choicers as "hey, they have rights, they're people, aborting them counts as murder." The Constitution guarantees rights for those who are born. Also, in one case, a man was sentenced to 36 years in prison. 16 were for killing his pregnant girlfriend, and 20 were for the death of the fetus. I personally think we need to start valuing women's lives before taking on something as tricky as the life of something that needs the woman to survive/will use her body for 9 months.
Another objection-the laws could be used against the pregnant women. If she says she drank or used drugs during a pregnancy and the fetus is born dead, she could be charged with murder, which is abhorrent (and has happened).
---------- FOLLOW-UP ----------
QUESTION: It's interesting that you should mention how in cases where someone is charged in the death of a pregnant woman, it seems that people are more upset about the death of the fetus. I totally agree. I saw this happen in the case of Laci Peterson. It was like her life wasn't valuable. It was the fetus she was carrying. And I don't think that is fair.
However, statistics show that pregnant woman are at a higher risk of being abused/murdered. So I think that something needs to be done to address this issue. Do you think there is an alternative? Like for example, making harming a pregnant woman an aggravated offense against HER?
Also, I'm very torn about the issue of pregnant women drinking, smoking and abusing drugs. My sister is a nurse and she works on the neo natal unit. And she has seen the suffering that babies/children who are born addicted to heroine, cocaine, alcohol etc endure. That child will often grow up to have serious physical, emotional and mental disabilities which has a negative impact not only on the individual but to society as a whole.
My feeling is that once a woman has made the decision to continue with her pregnancy, she does owe that child a fair chance at life. Wouldn't you agree? If she doesn't want to give up drinking/drugs, by all means let her have an abortion. But does she have a right to sentence that child to a lifetime of pain, suffering and hardship? I don't agree with those folks who say abortion is selfish. I think it much more selfish to do that. Thanks.
Linda
AnswerI think when a pregnant woman is harmed, yes, the focus needs to be her. There's a real live woman carrying that fetus, and she needs to be taken care of first.
A woman may continue drug use before she knows she's pregnant. Or an abortion may not be available to her (poor, lives in a state with all those absolutely horrific restrictions). But charging those women with murder/child abuse for their drug use? Women being jailed for what happens to the fetus disgusts me-it's like, screw jailing the rapists and abusers out there, let's lock up a woman with a serious addiction. I think that's just another way to police women's bodies. And a woman who wants help with her drug abuse won't go and seek help if she thinks she'll be arrested. There are already born children being abused that need help.
