“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.