Texas teen couple tests law protecting unborn

Texas teens test law protecting unborn

“How can two people conspire to do something like this and only one of them be punished? How can that be fair?” defence attorney Ryan Deaton asked.

Prosecutor Clyde Herrington said it was startling that “they completely leave the female out of the criminal penalty.”

“It doesn’t seem entirely fair,” Mr. Herrington said.

Basically a girl went to hospital with bruises and a miscarriage. The police throught the boyfriend was beating her. However, it was the girl who pleaded with her boyfriend to step on her stomach to end the pregnancy. She had beaten herself for two weeks prior to asking her boyfriend who eventually agreed.

The boy is charged with capital murder but not the girl since there is a ban on prosecution of woman’s right to end the pregnancy.

At four months, when the mirror betrayed her first bulge, Ms. Basoria wanted out. She feigned taking prenatal vitamins and jogged when she wasn’t supposed to.

“About two weeks before the miscarriage, I started hitting myself,” Ms. Basoria wrote. “I would do this every other day, and I would use both of my fists when I did this. I would hit myself 10 or more times.”

Then she turned to her boyfriend.

“I said I didn’t want to do it,” he recalled. But she kept pleading, he said, until he agreed to step on her.

A co-author of the state law said it was intended to protect women and unborn babies from domestic violence, drunken drivers and other assaults.

“We didn’t consider a case as ridiculous as this,” said Republican Representative Ray Allen. “I feel sad for these immature, stupid people. But the law is what the law is.”

Roger Enriquez, a criminal justice professor at the University of Texas at San Antonio, said prosecutors should consider the couple’s ages.

“This is a classic case here of individuals who are not mature enough to make these decisions on their own,” he said.

14 thoughts on “Texas teen couple tests law protecting unborn

  1. This is a case of what happens when kids who need and want an abortion are forced to take other measures.  They WILL take it into their own hands if grownups insist on putting up enough roadblocks to keep them from their legal rights.

    I guess nobody ever told them about coathangers.  If we’re not careful, they could come back into vogue.

  2. Wow, I’m so glad people are standing up and giving Texas a good name.  Oh, wait, they’re not.  On the one hand we’ve got teenagers who are, quite frankly, real morons and on the other we have our oh-so-illustrious politicians.

    We’re not all bad, I promise! [grin]

  3. This part was interesting

    Although Mr. Flores faces prosecution, Ms. Basoria cannot be charged because the new law – like many others across the nation – bans prosecution of mothers on the grounds that they have a legal right to end pregnancies. The case has lawyers on both sides questioning the fairness of a statute that considers one person’s crime another person’s constitutional right.

    Another article further quoted the co-author

    While Basoria had a right to end her pregnancy, she had no right to involve her boyfriend.

    “You can’t legally ask your boyfriend to do a triple bypass on you, even if he’s stupid enough to try it,” Allen said. “You can’t give another person permission to commit an illegal act.”

    Roger Enriquez, a criminal justice professor at the University of Texas at San Antonio, said prosecutors should consider the age of the couple.

    “This is a classic case here of individuals who are not mature enough to make these decisions on their own,” he said. “There’s not many places to go. Society shuns all this stuff. It’s not a good situation. You’d think the law would take that into account.”

    another article quoted the girl about the “roadblocks” GM is so sure her family put up:

    Basoria didn’t return calls for comment, but Flores said in a jailhouse interview that Basoria had a troubled relationship with her family and got little support.
    “My mom, my sister and my sister-in-law all said that I should get an abortion,” Basoria wrote in an affidavit. “They said that I was too young to have children.”

    So they kicked her out while she was still making up her mind.  His mother wanted them to have the baby & offered her a place to live, the article later says she’s the only parent still in contact with the mother:

    Flores’ mother shunned the idea.

    “I’m against abortion. I’ve always been against abortion,” Norma Flores said. “It’s a life that wants to live.”

    As expected, the couple had problems before & in addition to the pregnancy:

    The couple cloistered themselves in Jerry Flores’ small bedroom. And they fought often, sometimes about other girls, sometimes about his late nights,

    It seems to me that that part of the law was probably a consession to abortion rights activists when they were originally passing the law to include fetuses as victims of domestic violence & drunk drivers because abortion rights activists were so afraid of the slippery slope it would create.Unborn victims law

    Sen. Dianne Feinstein, D-Calif., who authored the amendment, feared the implications of the bill. “If this result is incorporated, it will be the first step in removing a woman’s right to choice,” she said. Feinstein said it could also chill embryonic stem cell research.

    Supporters of the legislation countered that it is not about abortion, but about protecting pregnant women.

    “Most of us, large percentages of us, want to whack the person who did it as hard as we can, and we don’t want to get into the debate about abortion,” said Sen. Lindsey Graham, R-S.C.

    On the other side, NARAL Pro-Choice America (search) delivered petitions to senators urging defeat of the bill because the group said it would allow judges to rule that humans at any stage of development deserve protection, even when that protection trumps a woman’s interest in ending a pregnancy.

    “This would be the first time in federal law that an embryo or fetus is recognized as a separate and distinct person under the law, separate from the woman,” said NARAL president Kate Michelman. “Much of this is preparing for the day the Supreme Court has a majority that will overrule Roe v. Wade.”

    Man, what a screwed up situation for EVERYONE.

  4. I think the government should make a law that every negative news story must be coupled with a positive news story.  They can be unrelated, but half of all news reported must be positive.  I wonder how it would affect us if we actually took time to find out what positive things are happening in the world.  I also wonder if the southerners would be able to come up with enough positive news stories to back up all the negative ones they print about themselves.

  5. I don’t think in this case that it counts as domestic violence.  She asked him to step on her, and isn’t pressing charges.  What’s the problem?

    I am with you, Theo

  6. You 2 better get to work delineating positive & negative.  Ummm….the problem is (in my opinion) do you even want to BEGIN to say that domestic abuse is OK when no one presses charges?2nd of all, aside from anyone’s opinion, according to the law a pregnancy was not terminated properly by a professional. 

    “You can’t legally ask your boyfriend to do a triple bypass on you, even if he’s stupid enough to try it,

  7. I guess that this story could be positive: 1) they’re back together 2) a kid won’t have them as parents at least for another 10 months or so.

  8. how is it that the person who isn’t pregnant can be charged with murder when the woman has a right to kill the fetus? is it because the child is still apart of the mother so she can do with it as she pleases. but then again if thats the case then why not kill a newborn, if the mother finds it bothersome to go through raising it, it totally relys on it mother so whats the difference between it after birth or before? Is there some sort of magic that happens when the child is born, that then makes it a human being and therefore protected by law from it’s mother killing it?

  9. If you disagree with me in any way please comment back and let me know, I would like to listen to what you have to say.

  10. Yeah, it’s pretty much as you describe. A fetus isn’t a person and is totally dependent on the woman allowing it to develop within her body. A newborn can always be given to someone else to raise if the mother doesn’t wish to do so herself. The same cannot be said of a fetus.

    It’s pretty simple really. If you don’t agree with abortions then don’t have one.

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