a girl at my school punched a pregnant girl in the stomache can it cause an abortion?and can the person be sued
2006-09-29 02:21:31 · 31 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
It is a criminal issue first of all, and it would be a simple assault unless the girl who puched the other girl can be proven to have known that she is pregnant. This can cause a miscarriage, and if it does there would be additional charges. Anyone who is assaulted can sue, whether they are pregnant or not.
2006-09-29 02:30:18 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Punching a pregnant girl/woman in the stomach can cause the mother to miscarry the child. If the girl has a miscarriage a lawsuit can be filed, but if either the victim or the defendant is under the age of 18 it'll cause all kinds of problems. In order for someone to win a lawsuit under those circumstances, the victim would have to show that the proximate cause (#1 reason) that the baby was miscarried was the punch she received in the stomach. If she can prove that, she can file for medical expenses, pain and suffering, and court costs/lawyer fees.
2006-09-29 02:33:04 · answer #2 · answered by sarge927 7 · 1⤊ 0⤋
The person will be criminally charged, with first degree murder. I'm not sure if it's a state law - but my state has a "wanted baby" law that protects the wanted unborn children.
However, the baby is protected in the womb and a miscarriage is not very likely. However, the girl who did the punching should be charged with assault & battery on 2 counts, if the baby is ok.
As for a civil suit, it would be hard to sue an underage child. I would most definitely go for the criminal charges.
2006-09-29 03:18:50 · answer #3 · answered by ? 5 · 0⤊ 0⤋
You can press criminal charges and you can also sue. I'm not SURE you will get anywhere suing if you fail to press criminal charges, however. The person does not need to be convicted for the civil action to be valid, because there is a different burden of proof in each case. So even if the person gets off on the criminal charges because of a "reasonable doubt," the civil case only needs a proof called "preponderance of the evidence." That is, that the evidence is more in favor of your side than the defense. Doesn't have to be absolutely conclusive, but the criminal burden of proof comes very close to that.
2006-09-29 02:31:36 · answer #4 · answered by auntb93again 7 · 0⤊ 0⤋
HELL YEAH!! The pregnant girl can sue, but will she be able to get compensation?! That's the question, and also the judge may want to know if by any chance did the pregnant girl endanger her child by provoking the punch? If the child has to be aborted, the other girl WILL face capital murder charges, thanx to the Laci Peterson Law (RIP Laci).
2006-09-29 02:35:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, the rule in law is you take your victim as you find them; sometimes known as "the eggshell skull principle". Firstly punching someone is called "battery" (not "assault"; assault is when you put someone in apprehension of being beaten up) or in some common law jurisdiction known as trespass to the person. If a girl is pregnant and assaulted or beaten then the damages flowing from it will be quite severe if the battery led to the death of the foetus. In some country you can be charged also for aggravated assault which carries a 20 year term.
2006-09-29 02:34:35 · answer #6 · answered by ancalagon2003 3 · 0⤊ 0⤋
I don't know about sue, but IMO there should be criminal charges. I know a girl whose father punched her in the stomach (not sure how far along she was) and she was pregnant with twins. One died and the other survived but he's got a few medical problems.
2006-09-29 02:26:39 · answer #7 · answered by october g 3 · 0⤊ 0⤋
Only if they can prove that the blow caused the death, and in some states it would depend on how far along she is in her preganacy. Most states don't consider a fetus a human until 26 weeks.
Either way, whoever punched her is guilty of assult, which is an arrestable offence.
2006-09-29 02:30:16 · answer #8 · answered by Crazymom 6 · 1⤊ 0⤋
That's horrid.
Yes, you can sue. It depends on the state that you live in whether or not 'assault causing death to a fetus' is recognized (called Lacey's Law after Lacey Peterson.). If criminal charges cannot be pressed, most certainly a civil suit can be pursued.
She needs to talk to a lawyer.
2006-09-29 02:57:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The girl should have went to jail. Yes, it can harm the baby. The girl who got punched should call the police and press charges for attempted murder!!!
2006-09-29 02:24:57 · answer #10 · answered by Anonymous · 3⤊ 0⤋