A California couple accused of fatally injuring their unborn daughter – the woman confessed she asked her boyfriend to beat her stomach black and blue so the child would die – may walk away without charges.
It’s because of a legal loophole that protects abortionists in the state, reports Bakersfieldnow.com
The news site said the woman gave birth May 24 in a Bakersfield, California, hospital after 30 weeks of pregnancy to an infant girl who died soon thereafter because of a fractured skull and other injuries.
The woman initially claimed the bruises on her stomach were the result of a fall.
But hospital staff members were skeptical, and she later confessed to authorities her boyfriend repeatedly punched her because they decided to “terminate” the pregnancy.
She admitted the boyfriend stopped raining blows on her when she could no longer feel the baby moving.
The boyfriend denies her claim.
The police and district attorney are reviewing the case, but there is debate in the law enforcement community about whether the action amounts to a crime, reported Bakersfieldnow.com
The penal code defines murder as the “unlawful killing of a human being, or a fetus, with malice aforethought.” California law allows abortion until viability, between about 24 and 26 weeks.
But the Bakersfield news site said murder charges will not be pursued if “the act was solicited, aided, abetted, or consented to by the mother of the fetus.”
The provision even protects abortionists doing late-term procedures.
“I wanted to burst into tears. It’s pretty sickening to read,” said Marylee Shrider, the Right to Life executive director for Kern County.
She insisted it’s clear that murder charges should be filed.
“The fact that she’s wanted or not wanted is not relevant. It doesn’t make her less human,” she said.
Bakersfieldnow.com declined to name the women or her boyfriend because no charges had been filed.