On Friday, North Carolina Governor Bev Perdue, a proponent of abortion rights, enacted “Ethen’s Law,” a statute that criminalizes the killing or harming of an unborn child resulting from a violent attack on the mother. Her signature marks the culmination of a two-decade-long effort by Republicans to pass a bill recognizing the rights of unborn victims of violence.
The bill is named after Jenna Nielsen, who was murdered when she was 8 1/2 months pregnant with her third child.
The state Senate approved H215 by a vote of 45-4. Last week the state House voted 77-40 in favour.
The Unborn Victims of Violence/Ethen’s Law enables prosecutors to charge the perpetrator with a violent felony such as murder, voluntary manslaughter and aggravated assault if they cause the death or injury of an unborn child. It is not a defence under the law to argue that the perpetrator did not know their victim was pregnant or did not intend to kill or harm their unborn child. Previously, North Carolina law did not recognise the death of an unborn child resulting from a violent crime as a homicide or separate crime.
Barbara Holt, President of North Carolina Right to Life, stated that the state of North Carolina had finally joined the 35 states that recognise the unborn child as a second victim. The aforementioned legislation, which mirrors the federal law, acknowledges the long-held belief of victims’ families that there are two human victims when a mother is attacked and her unborn child is injured or killed, or in the case of an automobile accident when the unborn child dies or is injured.
In an interview with WGNC, Kevin Blaine, Jenna’s father, stated that the legislation in question should have been enacted from the outset. He proceeded to state, “The rationale behind this process is unclear to me, but I am currently gratified.”
A comprehensive overview of these laws can be found in the National Right to Life summary. North Carolina has joined the ranks of 35 states that recognize the unlawful killing of an unborn child as homicide in at least some circumstances. The federal Unborn Victims of Violence Act, which came into effect on 1 April 2004, extends the protection of the law to unborn victims of federal and military crimes.
Daniel Miller is responsible for nearly all of National Right to Life News' political writing.
With the election of Donald Trump to the U.S. presidency, Daniel Miller developed a deep obsession with U.S. politics that has never let go of the political scientist. Whether it's the election of Joe Biden, the midterm elections in Congress, the abortion rights debate in the Supreme Court or the mudslinging in the primaries - Daniel Miller is happy to stay up late for you.
Daniel was born and raised in New York. After living in China, working for a news agency and another stint at a major news network, he now lives in Arizona with his two daughters.
