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There is a legal process for that. If she will be recognized incompetent to stand the trial, no one is going to find her guilty. |
Your experience is not universal. Not everyone will make it to hospital, even if they are trying to. You were fortunate in this one aspect- medical care and support. She may not have had time OR. access for an additional trip to hospital. Precipitous birth/ejection. I’m sorry for your loss. |
Because she is not subject to criminal prosecution for that. Not alive baby is a corpse, and you cannot just disasamble any dead body the way you feel like (to chop it in the pieces and put it in the freezer or to flush it in the toilet). That what she is charged with. |
So you think this should be prosecuted as a felony? |
If that state has this law, then yes, it should be prosecuted. We cannot just disregard the law. If there will be evidence that she is incompetent to stand a trial or that she was in such condition that she was not understanding what she is doing, then the judge or jury should find her not guilty. We cannot just let all criminals walk around just because we disagree with the law. If we want to follow the rule of law, then we have to follow the legal process. |
Not too many people hop up a dead body and put it in the freezer. A lot of women flush the remnants of a miscarriage down the toilet whether intentionally or not. |
Hope you are prepared to start investigating a lot of women then. |
So you can flush at 16 weeks but have to fish the fetus out at 22 weeks? Or you go to jail? |
Oh but did you immediately stick your hands in your toilet and fish around with them to see if a fetus fell in there? |
Get ready for the Gestapo to be going through your trash examing the tampons and pads for the telltale signs of a miscarriage, ladies. I guess we also will have to register our pregnancies to certify that we have held proper burials if no live birth. |
And no travel to neighboring states where laws might be different. |
Did they send you home after your water had broken? How long did you have between the time you decided to go back and when you were delivered of your baby? These details matter if you are going to compare your situation to another person’s and claim you are superior in your reaction. |
And also were you alone or did you have someone with you for some or all of this time? Did you have insurance? Did you have a job that you’d get fired from for taking off work for this situation? More details please. |
States have all kinds of goofy laws. Do YOU think it's criminal behavior? A felony? |
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I looked up the definition of a stillbirth and the WHO says it’s 28 weeks. So, unless Ohio has a different legal definition this was a miscarriage.
Heartbreaking, but legally not the same. |