Indeed. The woman is dead. No one can ask her what she intended to do with the fetus. Therefore, the law presumes she intended to carry it to term — even if she were literally driving to the abortion clinic. Even if she left a note, or a calendar entry for an abortion appointment, or sent a text message to a friend, or something of that nature. As far as I’m aware, there’s no defense available to a fetal-homicide defendant based upon any of those hypothetical acts by the woman.
That makes sense, to me, because a woman can always change her mind right up until the moment she has her procedure.
Crimes against pregnant women are especially heinous. That is something everyone can agree on, regardless of their feelings on a woman’s choice. Hence — why a federal fetal homicide law was passed by Congress and the Senate in 2004 with bipartisan support, though most of the support came from Republicans.
https://en.m.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act
All I’m saying is you can be for choice and still be for enhanced punishment of crimes against pregnant women. Pro-lifers don’t have a monopoly on that idea.
Caption this Meme
