Abortion and Rape a Hypothesis

[praying]

If a woman is brutally gang raped (think Central Park jogger case) and becomes pregnant and abortion is illegal under all circumstances and she carries the baby full term though she is vehemently opposed to this and fears for her emotional health. She has a normal pregnancy but often dreams of the attack and is currently in therapy.

The time comes and she gives birth and after the birth she decides to keep the baby because she is on an emotional high from the miracle of having brought life into the world.

In the beginning for the first couple of months things are fine she seems content though she is still in therapy dealing with the traumatic issues of the rape. She is unable to trust men never mind contemplating a relationship with one on any level.

Then one day she looks at the baby and realizes HE looks exactly like one of her attackers from that point forward she begins to emotionally distance herself from the baby. It is a subconscious reaction a mental defense mechanism if you will eventually one night she; while the baby is crying because HE is hungry and needs to be changed she smothers him with a pillow.


How should she be punished?

 

[Marz Blak]

I think you meant 'hypothetical' rather than 'hypothesis.'

As to your question, I would advocate her getting some sort of mitigated manslaughter conviction rather than anything approaching a capital charge. I think the emotional consequences of her past would have to be taken into account but at the same time I wouldn't be sanguine about a temporary insanity acquittal or anything like that.

 

[Risen Tree]

She should not be punished at all. Doing so would inflict further guilt for an incident that was not at all her fault. The fault lies with the rapist who should receive a manslaughter conviction IN ADDITION to a very stiff sentence for the rape.

 

[praying]

She should not be punished at all. Doing so would inflict further guilt for an incident that was not at all her fault. The fault lies with the rapist who should receive a manslaughter conviction IN ADDITION to a very stiff sentence for the rape.

so she commits a murder and make no bones about it it was a murder and she should not be punished at all, nothing?

 

[Risen Tree]

so she commits a murder and make no bones about it it was a murder and she should not be punished at all, nothing?

Not guilty by reason of insanity. Or something like that.

 

[Ave Maria]

Not guilty by reason of insanity. Or something like that.

I agree but only if she was truly insane. If she did it out of anger then she should be tried on murder charges just like anyone else.