Going to get an abortion she has accident, looses baby, other driver at fault can be charged, is this right?

Question

She is 13, had sex education classes in school, went to State approved agency got free condoms and pills, but decided not to use them. Felt Abortion was her prefered choice after talking to them earlier and was on her way to the appointment she set up to have it done.

Man driving car slid through intersection because of the light rain on the oil soked road. (driving to fast for conditions) He will be charged with Manslaughter.

Answer 1

I think she is morally wrong to have him charged with manslaughter. Sounds like the family found a way to make a quick fortune. My ex did something similar. Disgusting.

Answer 2

If one interprets the law in the narrowest possible way, the charge of manslaughter is warranted as a life was taken without pre-meditation.
Your description of the accident however would seem to point to lesser charges being laid. Vehicular homicide or negligence causing death would seem like more appropriate charges.
The other thing that is important here is that the charge doesn't automatically entail a conviction, and i'm pretty sure that in the case you describe a conviction of manslaughter won't be obtained.
In the courtroom this incident will be looked at from all sides, and mitigating circumstances will be closely examined. I could see several circumstances where a jury would be compassinate towards the man. The oil on the road may have been excessive and there due to someone else's negligence. There may have been mechanical failure.
The fact that the girl was on her way to the abortion clinic doesn't change the way the law views the death, and rightly so. I can't go killing people and then go to court and defend myself by saying"they were going to die anyway." The truth is however, that a jury member hearing that would likely feel much more sympathetic towards the man. Instead of being seen as having victimized the girl and the baby, he would be seen as the victim, and this would play to his advantage.
Lastly, If I were in the girl's shoes I wouldn't testify against the man because he spared me the lifetime of second-guessing and guilt that often accompanies abortion.

Answer 3

There is much legally irrelevant material here. The fact that the female was planning to have an abortion is completely immaterial, as is the fact that she was on her way to do so. The charge of manslaughter, to be proved, would have to entail at least the following elements:
- The man was not merely driving too fast for conditions, but was doing so recklessly so as to endanger.
- The fetus was of an age to have acquired human rights. The law on this may differ among states.
- The death of the fetus was proximally related to the collision. The simple fact that the pregnancy was lost is not definitive.

Given the above, there is a good probability that a prosecution for manslaughter would fail.

Answer 4

Ok, regardless of where she was headed and her intentions at her desired destination...getting hit by a driver and causing the fetus to be killed is a punishable offense. Now, if he has good lawyers, he can get the charge reduced to involuntary manslaughter, based upon the fact that it was a result of an accident. However, the man did not know she was going to get an abortion, and the man did not act maliciously, and did not intend or knowingly commit this offense. At best he should be probated on that offense. Any traffic citations should be issued and taken care of appropriately.

As far as this girl is concerned, she can but should not try and file a lawsuit for causing death and bodily harm to both her and her fetus. Her argument in court would make her state where she was going and why. She would most defintely loose her case. Let's hope of course that she learns a greater lesson, and can get her libido under control.

Answer 5

If she was on her way to have an abortion, I would assume that she was less than 5 months along. In my state, you have to be 6 months pregnant before the fetus is "legally" considered a baby. Like, if you have a miscarriage at 6 months or more, you will have a death certificate and have to bury the baby. But, before that it is just considered a miscarriage of a fetus. So, I don't really think it matters if she was going to have an abortion or not, it depends on far along she was. Also, it was her choice to have the abortion, right or not, and not the man's choice who hit her.

Answer 6

Depends on what state the baby is living in. You used the word baby. Did you mean fetus? Americans do not abort babies. We abort fetuses. If we aborted babies, it would be murder. But we call the moving, growing pieces of flesh fetuses, so that we can abort them without murdering them.

Also, a 13 year old by law cannot legally "decide" not to use the birth control she was given. 13 year olds cannot legally consent to sex. But in most states she can legally decide to abort a fetus without her parent's consent.

So if the baby/fetus lives in a state that recognizes it as an independent life then the driver of the car would not have a legal reason to kill the baby/fetus and could be prosecuted for manslaughter if the state's law provides accordingly.

Whereas, the mother of the baby/fetus would have a legal right to kill the baby/fetus because of Roe v. Wade.

Roe v. Wade doesn't permit everyone to kill a baby/fetus, only the mother has a constitutionally protected right to "choose" to abort the baby/fetus.

Answer 7

Hang on calm down
no 1
she may be only 13 but why you gotta shout about it is everyone gonna say OH how nasty 13 and pregnant it does happen this is not new
she is 13 get over it
no2
so she was planning a abortion don't mean she was going to get it done
that is a choice she could take it was a meeting she wasn't having the abortion there and then you go on like she is a adult she is still a baby herself don't run your gums on that girl like that how dare you
who do you think you are i would sue you for slander if i was her mother
i bet it was you getting done for man slaughter and if it wasn't tell your so called friend or the man who did it GOOD he should be done if you can not control a car you should not be driving

i am glad the person is getting done
and as for you
go calm ya self self down

Answer 8

Another question from Christian trying to bring up abortion issue in round about backdoor manner.

And in what state did this 13 year old get the free condoms and pills?

One of the reasons why people get abortions is because they are denied condoms and pils and emergency contraception.

Not only are Christians against abortion they are against any sort of birth control..
No abortions.
no pills.
No condoms.
No emergency contraception.
No sex education.

Are you born again?
Bet you got tons of baggage.
The thing about born agains is that they accept Jesus and two minutes later they are talking in repetitive blurbs and trying to force people to live in the same manner that they live in ...for the past two minutes.
My experience with born agains is that they come out of a murky flawed past.
They did their whoring and drinking and drugging and having illegitimate children and stealing and robbing banks but the moment they are born again they are telling other people how to live.
Until they backslide.
And then we have to wait until the are born again Again and go through the same drill.
Born agains should worry more about staying born again rather than worry about what other people are doing.
Born agains got their own problems...BIG TIME.
Like that group the promise keepers.
Drunk/drugging/abusive Dads.
After treating their family like **** for years they pick up Bible and walk in the door and announce that the household will be run according to gods word.
This occurs about the time the kids are almost old enough to go out on their own.
Pretty convenient timing.
The wife and kids...if they were smart....would laugh in his face and send him packing.

Answer 9

The laws vary by state, so there may be 50 ways to answer your question. You should state where you are form in order to get a better answer.

Answer 10

Morally wrong, legally right. IN my opinion, legal form must always give way to substance. If this is a Jury trial, I hope the jury considers this.