Choices
A Web Page designed by young women to help other young women in making informed choices.

20. Is it Murder to Kill Your Fetus?

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Is it Murder?

According to current laws, women have the right to choose to have an abortion.  To some this means that the fetus has no rights as a human being until it’s born. The controversial issue is that an assault committed on pregnant women, which causes death of her unborn fetus, is considered murder. 

The Penal Code sec 187 makes it possible for someone who kills a pregnant women to be charged for two murders not just one. In a recent  case of People versus Taylor ; Taylor assaulted his girlfriend who was 7 months pregnant. He said “I don’t want this baby” So he punched her repeatedly in the stomach.

This caused the baby to be born prematurely and later died from complications. Taylor was then charged with first degree murder of his baby.

The argument was that Taylor assaulted his girlfriend, not the unborn baby. The baby was not considered a human being until his premature birth which caused his death, not the assault.  There is definitely a grey area in the laws, in which it could be interpreted a number of ways.

In a recent case,  Scott Peterson, a 30-year-old fertilizer salesman, was charged with two accounts of murder for the mysterious disappearance and death of his wife and unborn child.  His wife, Laci Peterson, was eight months pregnant when she went missing December 24, 2003. They later  discovered that Scott had dumped her body into the ocean and told her family and police detectives that she had simply vanished from their home.  In the meantime he had a mistress, Amber Frey, whom later came out to speak against Scott.    That April the body of Laci and her then born baby washed upon shore just a few miles away from the marina where Scott was said to be fishing that Dec. 24.   The district attorney has said he intends to seek the death penalty. 

So why if a man kills a pregnant woman it is two accounts of murder, whereas, when a women gets an abortion it is nothing more than