I've been following the disturbing case of the Maryland woman who hid the bodies of her deceased infants in her home, including the body of her recently stillborn child.
The facts are bizarre and scant but authorities have charged the mother, Christy Freeman, with first degree murder, second degree murder, and manslaughter---all for the death of the most recent infant. They say they need to determine if the remains of the other infants also belonged to Freeman and what the causes of death were before determining if more charges wlll be brought.
Apparently, the prosecutor has accused Freeman of causing the stillborn birth.
Again, the facts aren't all in, but if it does turn out that she played a role in the death of her infant(s), I'm all for throwing the book at her. The part I can't understand, is how she can be charged at all? The charges are being brought under a 2005 law that makes it illegal to kill a viable fetus. The law makes an exception for abortion and also reads, "Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus". And further notes, "Nothing in this section shall be construed to confer personhood or any rights on the fetus". It looks like the MD Legislature was very careful to make killing a pre-born child a crime only if the mother did not want the child killed.
According to a Fox News article, the exception regarding the pregnant woman's action was put in to protect a woman's right to abortion, even though another execption more explicitly mentions abortion. If this is the case, and the law was not intended to protect a woman who intentionally, physically, harms her own fetus, then I'm curious about the rationale behind such a law. How is it that an abortion is ok, but doing it yourself is not? Of course I'm glad for any prosecution, even if it is inconsistent.
I don't know how this law and the charges will shake out, but I'm waiting for the uproar from the pro-aborts---she had every right to kill her baby before it was born didn't she? Whatever the reason, I'm glad this woman is being charged, and I hope (naively I'm sure) that it might cause some to recognize that causing the stillborn birth of a viable fetus is no different from performing an abortion in the hospital or in a clinic.
I am pleased to note that VA's fetal homicide bill is more comprehensive since it does not require that the fetus be viable in order for a crime to have ocurred. However, since the law reads, "kills the fetus of another", I wonder if a woman would be charged for killing her own fetus in VA. Anyone know?
Thursday, September 6, 2007
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