If a girl is raped, becomes pregnant, and dies during childbirth, is the rapist guilty of capital murder?
964332
legally I wouldn't think so, ethically he probably is. To prove it legally you would have to demonstarte that the rape led directly to the death, this would be quiet difficult to do, unfortunately there is no evidence that she would not have died even of the attack did not occur.
418025
Capital Murder is a legal definition, meaning punishable by the death penalty.  It varies state to state, but usually requires mitigating factors.  Just shooting someone doesn't always do it.  You have to shoot someone while commiting another felony (ie robbing a bank or post office) or multiple murders.  Each state has different laws, but Capital murder means you are eligable for death.
721571
I just did a college paper on death penalty and I have to say that rape is a felony and if he committs the crime yes he should be put to death.  This is something serious because I was raped as a child and it amazes me to the point of how people can say oh just put him in jail and let him live--well they are wrong--what they need to think about the victim which would be myself and how I have to handle and how I will be able to cope with what has happened to me some girls dont live to see another day and if they do they arent able to bear kids  we are tramatized and this effects how we deal with men.\n\nNormally a child that has been raped becomes very very sexual active they are looking for love in all the wrong places to them that is nature because of the way we were brutilized and that is why sometimes men dont understand us or they choose not to understand
740297
In a capital (death penalty) case, all jurors must vote for the death penalty.  This is usually a three step process - the first step is the guilt phase.  The second phase determines whether the factors that led to the guilty verdict warrant death, and the third phase is for the jury to determine whether the defendant should be put to death, based on the findings of the first two phases.  Again, though - it must be unanimous.
734366
It depends on the policy of the prosecutor's office in that jurisdiction.  Most prosecuting authorities have a victim/witness program.  She should contact this office and explain her fears.  If she isn't already, she needs to contact a rape counseling center.  There are a lot of issues going on here and she needs professional assistance.\n\nI agree she should not drop it, and in fact, the decision to drop the matter is no longer hers.  The prosecutor decides whether he/she has sufficient evidence to convict her attacker.  In many cases, unless she is willing to perjure herself, then the case can go forward without her.  If the medical evidence is strong enough, it may not be necessary for her to testify.\n\nIf she tries to claim that the event didn't happen and/or that the attack was consensual, they may file criminal charges against her for false reporting.\n\nAgain, I strongly suggest that she contact the victim/witness program there and also contact a rape counseling/crisis intervention center for assistance.
830465
Dunno..Why is it when a pregnant woman is murdered, it's double murder?
662219
i agree with you for the most part how ever my only objection is if a woman is raped considering the government fails to protect its citizens by not killing rapists and happens to become pregnent from it then how can you say sh is wrong?
549587
Yes I would say it is murder. There are people willing to adopt so why kill when you can give others the gift of life. Youth and immaturity can sometimes give us justifications instead of intellectually sound reasoning. Most will agree, unless you were raped or forcibly made pregnant, the life given to you is divine and has a purpose aside from your own. Joseph was probably ill at ease that his supposed virgin wife was made pregnant buy another father before they were even married. I’m so glad he wasn’t about abortion.
1026465
It's considered ok in rape cases because it's too painful for the woman. It's a constant reminder every day for 9 months of that terrible situation. It is too hard on her emotional mental well-being. You can't worry about the fetus and ignore the feelings and needs of the already living, breathing human that already has a life she needs to live. That's immoral too.\n\nI'm pro-choice too by the way.
215899
or murder for that matter.  the statute for rape however is 5 years.
48337
I think it depends on the crime.  If it was premeditated and gruesome, then by all means yes; however, if it was accidental, and unplanned, i.e. like that boy who accidently killed that little girl by performing a wrestleing move on her, then no, but they would need some form of hospitalization.
93139
It depends on the age and the crime.  If a 17 year old commits Rape on a younger minor and almost kills her, mostlikely he'll get life.  Also depends on the locale of the crime.
30676
Does anything really justify abortion?\n\nTo Pro-Choicers : Of course it does. A woman's body, a woman's choice.\n\nIn my opinion, no. It's a baby whether it was conceived 'in love,' by accident, or by rape. Them's the breaks. Life isn't fair, and it's terrible that the woman was raped, but the child shouldn't be punished for it.\n\nIt you actually meant rap...no.
888242
No, I doubt there's a "special law" for it. It would be considered murder, homocide or voluntary manslaughter.\n\nBut if the pregnant woman kills her own child after birth, then there's a law for that.
269271
That would all depend on the state. South Dakota was considering a law that would terminate parental rights for people convicted of rape AND require them to pay some form of compensation in lieu of child support, but it was ammended so extensively that the bill as passed did not even mention rape.
670591
In my logic NO he shouldn't have, but by the screwed up justice system sadly yes.  I know if I was molested or raped and my husband or dad found out they'd kill the other person.  It would be premeditated - that would be the courts case.  Now if the victim did it in self-defense it might be a different outcome.
929034
Capital Murder or First Degree Murder but depends on the state in the U.S.