teen gets life for assisting girlfriend in miscarriage

712 Views 27 Replies 20 Participants Last post by myjulybabes, Jun 8, 2005

spsmom

Discussion Starter · Jun 7, 2005

here's the article...

Man Gets Life Under Fetal Protection Law

LUFKIN, Texas - 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.

ok, so i am not even sure where i stand on this because it just seems so backwards. but on the other hand, i am pro-choice. why didn't she just go to planned parenthood and get an abortion? i guess i am just speechless and don't know what to think so i thought i'd post it here for some good discussion!

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kama'aina mama

· #2 · Jun 7, 2005

I remember reading about this couple when it happened... at least I think it is the same couple. So sad. Such a damn waste. It's hard to say, without knowing... are there clinics anywhere near there? Were they able to get there? I just can't imagine being so desperate you would go to such lengths... and both their lives are so dreadfully changed forever.

Curandera

· #3 · Jun 7, 2005

Is 4 month over the time limit?

jannan

· #4 · Jun 7, 2005

i know in california that 5 months gestation is over the limit. was she carrying twins? how close was the nearest clinic? it seems that we don't know about this story

lotusdebi

· #5 · Jun 7, 2005

That sentence is completely unfair! A life sentence is ridiculous! I hope he appeals until he gets real justice!

I think this:

Quote:

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.

is horrible. I imagine that they designated an embryo or fetus as an individual in order to prosecute people who attacked pregnant women and caused miscarriages of wanted pregnancies. This case shows the slippery slope exists. That, even when the woman wants to miscarry, and asks for help to do so, the helper can be prosecuted.
It won't be long before abortions are outlawed in Texas as well.

gethane

· #6 · Jun 7, 2005

:

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findingMYway

· #7 · Jun 7, 2005

Dislike my opinion if you will, I was thinking of the babies being hit and crushed while being stepped on.

gethane

· #8 · Jun 7, 2005

I don't think anyone is saying this is a "good" thing. But sentencing the boyfriend to LIFE in prison for doing something that would be DAMN hard to PROVE I would think, caused the miscarriage, is a tragedy.

Better be careful, men of texas. Be VERY nice to your pregnant wives. You wouldn't want them to say that your words caused emotional upset which then caused them to miscarry the baby. You could go to jail for the rest of your life.

Destinye

· #9 · Jun 7, 2005

Quote:

Originally Posted by findingMYway
Dislike my opinion if you will, I was thinking of the babies being hit and crushed while being stepped on.

Me too, and imagine if he/they had done this when the fetus(es) were outside the body. Very sad for all concerned.

DaryLLL

· #10 · Jun 7, 2005

If a 4 mo gestation fetus was outside the body it would already be dead. ???

farmer mama

· #11 · Jun 7, 2005

This is unbelievable! Obviously the mom should have gotten it together and had an abortion before it cam eto this since she didn't want these babies, and it sounds awful, but to give him life? The implications of this are very frightening.

gethane

· #12 · Jun 7, 2005

The implications are frightening and perfectly clear. The rights of the unborn trump all rights of those already born. All for political gain.

AngelBee

· #13 · Jun 7, 2005

I don't think the sentence is right.

I don't understand if abortion is legal why it would matter hoe she went about doing it.

Sad...

Poor babies

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EFmom

· #14 · Jun 7, 2005

Quote:

The implications are frightening and perfectly clear. The rights of the unborn trump all rights of those already born. All for political gain.

What she said.

violafemme

· #15 · Jun 7, 2005

The girl is 17. How does Texas treat minors seeking an abortion? Do they have to inform the parents? Would her parents have been against it? Forbid her to go? Did she have a job? Could she afford an abortion?

This is a damn slippery slope. I am absolutely pro-choice but I would sure as heck want to go after someone who caused me to miscarry with murder charges. Not sure how I reconcile the two. I'll have to think one it.

How horrible she felt this was her best option.

lotusdebi

· #16 · Jun 7, 2005

I could see going after someone who forced me to miscarry through negligence or assault. But, I'd go for a pain and suffering lawsuit, not a murder charge.

iris0110

· #17 · Jun 7, 2005

violafeme I think at the time this happened the law about parental consent wasn't in place yet. But here in my area of Tx it is very hard to get to an abortion clinic. Hospitals don't perform the procedure unless it is medically necesary. Also some clinics stopped performing abortions on minors even before the law went into affect. It is all terribly tragic. I just don't see how they can charge the man when the woman was trying to miscarry aswell. How do they prove what finally caused the miscarriage, or even that it didn't happen for other reasons all together. One more reason to leave Tx.

I guess it was just luck that kept Dh from being charged when our baby was stillborn.

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violafemme

· #18 · Jun 7, 2005

Quote:

Originally Posted by iris0110
violafeme I just don't see how they can charge the man when the woman was trying to miscarry as well. How do they prove what finally caused the miscarriage, or even that it didn't happen for other reasons all together. One more reason to leave Tx.

I'm with you, both should be equally responsible or immune in the eyes of the law and if she's exempt he should be too.

Now I'm going to think out loud for a minute. While I believe she should have the right to an abortion and do not consider it 'murder', I'm not sure I think that their actions are completely lawful. Abortion is a medical procedure, stomping on someone's stomach is an act of violence. Fine line but still a line I think.................the difference between disconnecting life support on a terminal patient and slitting a terminal patient's throat. Does that make sense? Even if the end result is the same I do think how we get there is important.

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iris0110

· #19 · Jun 7, 2005

I definately see what your saying. But I think it is still a slippery slope. If abortions were more available you wouldn't see this happening as much.

violafemme

· #20 · Jun 7, 2005

Oh I agree that access is a HUGE issue. The woman's health is an issue too...........what if he had misstepped and stomped on her sternum or her pelvic bone or damaged other internal organs.............what if she had resorted to a coat hanger. Access, counseling and a real availbility of choices (ie being able to finish school with access to child care and health care if one does decide to have the baby etc) all play into it. If she didn't have access maybe the health care system should be brought up on charges for not making it avalible (not ever going to happen) I don't know what the answer is: the slope is oh so slippery..........and where were her parents in all this?

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