Sue Hartigan <[EMAIL PROTECTED]> writes:
> >43. Besides the personal rights mentioned or recognized in the
> >Government Code, every person has, subject to the qualifications and
> >restrictions provided by law, the right of protection from bodily
> >restraint or harm, from personal insult, from defamation, and from
> >injury to his personal relations.
> >
> >
> >
> >43.1. A child conceived, but not yet born, is deemed an existing
> >person, so far as necessary for the child's interests in the event of
> >the child's subsequent birth.
>
> HI Sue,
>
> Ooops, instead of helping I think I see an argument that would go against
> you here. It seems to me that 43.1 covers situations where something
> occurs during a pregnancy that affects the child who is "subsequently
> born". This would enable legal action, for example, against a person who
> caused the injury or damage. An example of this would be a car accident
> where a drunk driver injured a pregnant woman and her child is born with
> serious defects caused by the accident. Or someone who assaulted a
> pregnant woman and caused defects in the child that was subsequently
> born.
>
> Ironically, the law does not specify the rights of a fetus who is NOT
> "subsequently born" but dies as a result of the criminal action. Given
> the legality of abortion, it seems a defense attorney could argue that
> the fetus had no rights at the time of its death. That, in order to have
> any rights with respect to the assault, the fetus would have had to
> survived long enough to be "subsequently born."
>
> But then again, I'm not a lawyer, so don't let me rain on your parade
> here. :)
>
> Bill
Hi Bill:
LOL You aren't raining on our parade here. In fact you came up with
exactly what we came up with..."It seems to me that 43.1 covers
situations where something
> occurs during a pregnancy that affects the child who is "subsequently
> born". This would enable legal action, for example, against a person who
> caused the injury or damage."...
Sue
--
Two rules in life:
1. Don't tell people everything you know.
2.
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