pregnant woman loses her baby at the hands of another

[sshumate]

What is the name of your state (only U.S. law)? Arkansas
my question is,,,, a pregnant woman is trying to stop her boyfriend who is in a rage from attacking her sister. He shoves her away and she falls off a porch and loses her baby. What can he be charged with?

 

[Proserpina]

What is the name of your state (only U.S. law)? Arkansas
my question is,,,, a pregnant woman is trying to stop her boyfriend who is in a rage from attacking her sister. He shoves her away and she falls off a porch and loses her baby. What can he be charged with?

Is this homework?

If not, has the pregnant woman reported the assault to the police?

Can she PROVE that the pregnancy was lost a a direct result of the assault?

 

[sshumate]

reply

it is as stated and in front of witness's, the police were called, she was taken to the hospital where they pronounced the loss of her baby as the result of her falling and landing on concrete steps, belly down.

 

[wrongsometimes]

What is the name of your state (only U.S. law)? Arkansas
my question is,,,, a pregnant woman is trying to stop her boyfriend who is in a rage from attacking her sister. He shoves her away and she falls off a porch and loses her baby. What can he be charged with?

Either: manslaughter or murder ... oddly enough, the law protects fetuses from harm from everyone but the mother (abortion). There should be statues for just this type of event..

 

[Proserpina]

Either: manslaughter or murder ... oddly enough, the law protects fetuses from harm from everyone but the mother (abortion). There should be statues for just this type of event..

Not every state protects the fetus in that manner. One must be careful of making blanket statements.


Arkansas does however:

Ark. Stat. Ann. § 5.1.102(13) (B)(i)(a) defines "person" to include an unborn child in utero at any stage of development. "Unborn child" means a living fetus of 12 weeks or greater gestation.

Ark. Stat. Ann. § 5.10.101 et seq. defines capital murder, murder in the first degree, murder in the second degree, manslaughter and negligent homicide.

This is a situation really beyond the scope of an internet forum.

OP - who never answered my first question - would be best advised to consult with an attorney.

(Assuming it's not a homework assignment).

(It IS that time of year...)

 

[Isis1]

Either: manslaughter or murder ... oddly enough, the law protects fetuses from harm from everyone but the mother (abortion). There should be statues for just this type of event..

Jeez! Again? It's not murder unless the fetus would have been viable outside the womb! What bad law show are you watching? Cuz I know darn well Law & Order already covered this topic! Both the original AND Special Victims!

 

[Proserpina]

Jeez! Again? It's not murder unless the fetus would have been viable outside the womb! What bad law show are you watching? Cuz I know darn well Law & Order already covered this topic! Both the original AND Special Victims!

Psst...Bella..in some states, it would be.