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Is there a charge for this?

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My wife has filed for divorce (bear with me, there is a criminal question) and while moving her items I came across a journal entry where she admitted to trying to kill herself while she was pregnant. Is there any possible charge there? I know Georgia is pro-life, and I'm just trying to figure out what to do. I have a photo of this entry and her writing specifically stated: "I did it while I was pregnant!!" which indicates that she knew it would have killed our daughter (who is now four) as well.
 


quincy

Senior Member
My wife has filed for divorce (bear with me, there is a criminal question) and while moving her items I came across a journal entry where she admitted to trying to kill herself while she was pregnant. Is there any possible charge there? I know Georgia is pro-life, and I'm just trying to figure out what to do. I have a photo of this entry and her writing specifically stated: "I did it while I was pregnant!!" which indicates that she knew it would have killed our daughter (who is now four) as well.
No. There is no legal action available for you to take.

I hope your wife finds the help she needs.
 

zddoodah

Active Member
My wife has filed for divorce (bear with me, there is a criminal question) and while moving her items I came across a journal entry where she admitted to trying to kill herself while she was pregnant. Is there any possible charge there?
Unlikely. How did she attempt to kill herself and why wasn't she successful? How far along in the pregnancy did the attempt occur? Apparently you didn't even know about it, so it probably wasn't much of a try. Right?


I know Georgia is pro-life
That statement makes no sense. The term pro-life doesn't have any legal meaning in referring to a state (nor do the terms "pro-death," "anti-life," "anti-death," "pro-choice" or "anti-choice"). All of those terms are typically used to describe a person's opinion about the issue of abortion. States don't have such opinions.


I'm just trying to figure out what to do.
What (if anything) do you want to do? Apparently your wife's attempt was unsuccessful and your child was born and was healthy. Right? You could, of course, report the matter to the local police or prosecuting attorney as a possible battery of an unborn child. However, I think this is something that they wouldn't want to touch with a ten foot pole -- especially since the applicable statute of limitations appears to be four years. I suppose you could also discuss with your divorce attorney whether you could use it in connection with the custody and visitation aspects of your divorce. You should think long and hard about how that could backfire on you. In particular, how would a criminal prosecution of the child's mother be in the child's best interests? Or is that not your concern and you just want to be vindictive?


her writing specifically stated: "I did it while I was pregnant!!" which indicates that she knew it would have killed our daughter (who is now four) as well.
It is not necessarily true that a successful suicide attempt also would have killed the fetus.
 

quincy

Senior Member
The law you linked to (battery of an unborn child) does not apply to any woman with respect to her unborn child.
 
Unlikely. How did she attempt to kill herself and why wasn't she successful? How far along in the pregnancy did the attempt occur? Apparently you didn't even know about it, so it probably wasn't much of a try. Right?




That statement makes no sense. The term pro-life doesn't have any legal meaning in referring to a state (nor do the terms "pro-death," "anti-life," "anti-death," "pro-choice" or "anti-choice"). All of those terms are typically used to describe a person's opinion about the issue of abortion. States don't have such opinions.




What (if anything) do you want to do? Apparently your wife's attempt was unsuccessful and your child was born and was healthy. Right? You could, of course, report the matter to the local police or prosecuting attorney as a possible battery of an unborn child. However, I think this is something that they wouldn't want to touch with a ten foot pole -- especially since the applicable statute of limitations appears to be four years. I suppose you could also discuss with your divorce attorney whether you could use it in connection with the custody and visitation aspects of your divorce. You should think long and hard about how that could backfire on you. In particular, how would a criminal prosecution of the child's mother be in the child's best interests? Or is that not your concern and you just want to be vindictive?




It is not necessarily true that a successful suicide attempt also would have killed the fetus.
It occurred through the entirety of the pregnancy. She was intentionally closing her eyes and allowing herself to fall towards cabinets, walls, steps, chairs, etc. in an attempt to "crack her skull" and make it look like an "accident" so people would "not feel guilty". We thought she was passing out...spent tons of money at the doctor having her brain scanned, etc.

I know feticide is a thing only if the child/fetus is killed. It's why I made the comment because I don't know if there is something that applies to an unsuccessful attempt.
 

quincy

Senior Member
It occurred through the entirety of the pregnancy. She was intentionally closing her eyes and allowing herself to fall towards cabinets, walls, steps, chairs, etc. in an attempt to crack her skull and make it look like an "accident" in order to make people "not feel guilty". We thought she was passing out...spent tons of money at the doctor having her brain scanned, etc.

I know feticide is a thing only if the child/fetus is killed. It's why I made the comment because I don't know if there is something that applies to an unsuccessful attempt.
No. There is nothing that applies in your described situation.

Had YOU taken any action against your wife that led to the death of the unborn child, however, YOU could have been charged with a crime.
 

Just Blue

Senior Member
"It occurred through the entirety of the pregnancy. She was intentionally closing her eyes and allowing herself to fall towards cabinets, walls, steps, chairs, etc. in an attempt to crack her skull and make it look like an "accident" in order to make people "not feel guilty". We thought she was passing out...spent tons of money at the doctor having her brain scanned, etc.

I know feticide is a thing only if the child/fetus is killed. It's why I made the comment because I don't know if there is something that applies to an unsuccessful attempt."


Some women have a terrible time with hormonal issues during their pregnancy. I was a witch during mine...I'm surprised my family still talks to me.

I take it that your daughter was born healthy and hale? Mom is a decent mother?
 

quincy

Senior Member
A divorce can be messy enough without adding to it by trying to find fault with the other parent. Just keep concentrating on the best interests of your mutual child. You will continue to have to coparent with your wife. Try to make the situation as easy as possible on your daughter.
 
"It occurred through the entirety of the pregnancy. She was intentionally closing her eyes and allowing herself to fall towards cabinets, walls, steps, chairs, etc. in an attempt to crack her skull and make it look like an "accident" in order to make people "not feel guilty". We thought she was passing out...spent tons of money at the doctor having her brain scanned, etc.

I know feticide is a thing only if the child/fetus is killed. It's why I made the comment because I don't know if there is something that applies to an unsuccessful attempt."


Some women have a terrible time with hormonal issues during their pregnancy. I was a witch during mine...I'm surprised my family still talks to me.

I take it that your daughter was born healthy and hale? Mom is a decent mother?
Wife has always suffered with depression. She was cutting back in January when I asked her to stop talking to the guy in the next sentence.

Mother left for a meth head with two third-degree child endangerment charges, is old enough to be her dad, and lives with his mother. I proved that he was cheating on her, etc. and she got mad at me. She's also friends, and hanging out with, someone who is fighting meth distribution charges.

She blocked me on Facebook because I told her I forgive her for what she did while she was pregnant. She is now claiming she didn't do that...but I have the entries.... *shrug*
 
A divorce can be messy enough without adding to it by trying to find fault with the other parent. Just keep concentrating on the best interests of your mutual child. You will continue to have to coparent with your wife. Try to make the situation as easy as possible on your daughter.
I have been trying. I've been forgiving, offered to help pay for her gas, food, etc. since this COVID thing is hitting people financially.
My daughter will no longer tell me she loves me, or spend time with me, etc.

Wife also decided I no longer see the child every weekend but every other weekend.
 

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