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MAN GETS LIFE SENTENCE FOR CAUSING MISCARRIAGE

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MAN GETS LIFE SENTENCE FOR CAUSING MISCARRIAGE


[+] serious ballot by herzog
created Tue Jun 07, 05

A 19-year-old accused of causing his teenage girlfriend to miscarry two fetuses by stepping on her stomach was convicted Monday of two counts of murder.


Gerardo Flores received an automatic life sentence because prosecutors did not seek the death penalty, which was available under the state's 2003 fetus protection law.


Erica Basoria, 17, acknowledged asking Flores to help end her pregnancy; she could not be prosecuted because of her legal right to abortion.


The defense contended that Basoria punched herself while Flores was stepping on her, making it impossible to tell who caused the miscarriage.


Basoria told authorities that, after about four months of pregnancy, she regretted not getting an abortion and started jogging and hitting herself to induce a miscarriage. When her efforts failed, she said she asked her boyfriend to help.


Flores did not testify, but earlier told police that he stepped on Basoria's stomach several times during the week before she miscarried.


Prosecutor Art Bauereiss said most of Basoria's family was pleased with the jury's decision. But Basoria, who sobbed as she left the Angelina County Courthouse, had stood by Flores.


"It's just tragedy all around," said Flores' attorney, Ryan Deaton.


Texas law defines an embryo or fetus as an "individual" and allows criminal prosecution or civil action for a preventable injury or death of a fetus. The law exempts health care providers who perform a legal medical procedure, such as an abortion.



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I think this is an interesting (if tragic) story for two reasons. One, the woman really committed the same crime as her boyfriend, but she can't be charged, that doesn't seem right to me. And two, how can the government sentence a man for murdering a fetus and still tolerate abortions? It seems that if a man causing a miscarriage is murder why isn't a woman causing a miscarriage murder? And if fetuses don't get the same legal rights as citizens (in which case abortion if fine) how can they get this guy for anything? It seems like destruction of property would be the worse they could charge him with. This really doesn't make any sense to me.

Anyway, I ought to stick in a question here: do you agree with this verdict?

Yes, this is a fair punishment
No, this is ridiculous
Don't know
Other, I'll explain below


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COMMENTS:
errr, sign offs. not a duplicate comment..I don't understand it either, if she did not want to lose the babies and he caused her to miscarrage, I could see it, I mean, the law says women has the right to abort a baby, but if he did without her consent, her right to continue the pregancy would have been taken away.

But with her assisting, I don't understand it.

I guess it would be like suicide, you kill yourself, but don't ask someone to assist you or they will be prosecuted after you are dead.
by larrynelmira on Tue Jun 07, 05 7:27pm [+]

Thats insane to get life in prison. I personally do not believe in abortion, but for the mother to get off and the father to get life makes no sence. It was her choice to have her boyfriend perform the abortion.
by ABC on Tue Jun 07, 05 7:45pm [+]

In for a penny, in for a metric ton. She had the same intent as he did in the act, therefore she ought to share the same punishment.
by Truthseeker013 on Tue Jun 07, 05 8:04pm [+]

I agree. Though I think life in prison may be a little long. Maybe not though, since it will probably only amount to a few years.

This happened very close to where I live. One thing that was not pointed out in herzog's article was that, according to court transcripts, Flores objected to the idea at first. Basoria had to coerce Flores into helping her, as he was opposed to the idea and was apparently excited about having kids.

So yeah, she should be punished just as well as him.
by CuriousCow on Tue Jun 07, 05 11:52pm [+]

Does seem to be an inconsistent approach, if teh situation it is as you've presented.
by Cathexis on Wed Jun 08, 05 11:00am [+]

IMO, they should both be in prison for life. Any people who would do that to their own children aren't people I want wandering free around MY children.
by malckdaddy on Thu Jun 09, 05 4:05am [+]

Cath: I copy and pasted the article from a news site online. I know I know, the media in the US is horribly biased to the left, but in this case I think it balances out. On the one hand they have the left wing feminist types who would like to portray men as evil, and on the other side they have the people who love all the abortions they could get. So it ought to work itself out to being a fairly unbiased report.
by herzog on Thu Jun 09, 05 5:31pm [+]

Actually, Zerhog, the press in the US is horribly biased to the right. The only place where the press is biased to the left is inside your little dented cranium.
by cranky on Fri Jun 10, 05 10:30am [+]

This article was on several websites. It's a dumb verdict but for whatever reason, the American judicial system has a bad habit of making them.
by Liberal_Democrat on Sun Jun 12, 05 11:36am [+]

Are you serious?He's got life for this.that is horrible.I'm gonna stop abusing my betta fish.They might throw me in the prison for that.
by mybackhurts on Thu Jul 14, 05 7:11pm [+]






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