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http://abcnews.go.com/US/LegalCenter/story?id=2585102&page=1
ABC News: Judge Dismisses Charges Against Woman Who Killed Her Unborn Child
Questions:
1. Did the Virginian woman commit a crime?
2. Did the judge extend beyond the plain meaning of the words "Any person" in his interpretation of the law?
3. Should the woman give birth and then put the child up for adoption rather than shooting the unborn who is about to be born as the only choice?
ABC News: Judge Dismisses Charges Against Woman Who Killed Her Unborn Child
On the morning she was scheduled to give birth, a 22-year-old Virginia woman shot herself in the belly, killing the fetus in an act of self-abortion. She was acquitted on charges of carrying out an illegal abortion.
Is Skinner a criminal?
As complex as the question may be, the answer could come down to one word: "any."
Skinner's self-abortion took place well into her third trimester. Without special medical circumstances, terminating a pregnancy at that stage is considered illegal.
In Virginia law, if an abortion is deemed illegal, Statute 18.2-71 — the hotly contested statute involved in this case — makes a criminal out of "any person [to] administer to, or cause … any drug or other thing" with intent to destroy an unborn child.
Martingayle, the defense attorney, argued that there was nothing to contest. The meaning of the statute was crystal clear.
He said that "any person" meant anyone other than the mother, who is protected by the principal of expectant mother immunity.
Martingayle cites a 1997 Florida case in which a teenage mother shot her womb, effectively giving herself an abortion.
The woman in that case, State vs. Ashley, was acquitted, as was the mother in a similar 1998 case in Georgia.
On the other hand, the prosecution argues, that "any person" means all persons. The law applies to everyone, including a woman giving herself the abortion.
"Courts are bound by the plain meaning of that language. … 'Any' is an indefinite word and includes 'all' unless restricted," Virginia prosecutor James Wise wrote in court documents.
Questions:
1. Did the Virginian woman commit a crime?
2. Did the judge extend beyond the plain meaning of the words "Any person" in his interpretation of the law?
3. Should the woman give birth and then put the child up for adoption rather than shooting the unborn who is about to be born as the only choice?