Angered by a lack of legal protection for the unborn, a state Senate Republican will propose new criminal penalties against people whose actions lead to the death of unborn children.
The Hawai'i Supreme Court last month reversed a manslaughter conviction against a Kane'ohe woman for causing the death of her newborn baby by smoking crystal methamphetamine, or ice, while she was pregnant. The court ruled the fetus was not a person covered under state law when the woman, Tayshea Aiwohi, used the drug. The ruling also likely means people who harm or kill unborn children in assaults on pregnant women would not be prosecuted for that part of their crimes. Legal observers were watching the case of a Big Island woman, Sarah Fay, who allegedly was beaten by her former boyfriend and then kept alive by a respirator until doctors were able to deliver her baby on Monday.
Although Fay's baby survived, state Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), said her example, and the death of Aiwohi's baby, showed the need for tougher laws. Similar bills have failed in the past, but Slom said he believes the recent cases may lead majority Democrats to support new protections if there is public pressure.
"You're giving people a free ride," Slom said. "What does it mean when you send a signal that it's open field day on any woman that's pregnant? That there is nothing that could be done to any third-party person under any circumstances?"
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