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If Abortion Can Be Prosecuted as Murder, Then Let’s Start Talking Felony Murder
by Elaine Gilmartin
“The felony murder rule is an exception to the normal rules of homicide. Normally, a defendant can be convicted of murder only if a prosecutor shows that the defendant acted with the intent to kill or with a reckless indifference to human life.Under the felony murder rule, however, a defendant can be convicted of murder even if the defendant did not act with intent or a reckless indifference; the prosecution must show only that the defendant participated in a felony where fatalities occurred.”
https://www.justia.com/criminal/offenses/homicide/felony-murder/
Under the extremist view that a fertilized embryo should be conferred personhood, is a man acting with reckless indifference to human life having unprotected sex with a woman?
If she becomes pregnant and has an abortion, with or without his knowledge, then it would seem he must bear some legal culpability.
Much like the driver of a getaway car who simply thought he was helping a friend get to the bank for a withdrawal, knowledge of what occurs inside the bank, armed robbery, a shootout, someone dies, is not necessary. The driver was simply a party to something that got out of hand, whether or not he could have foreseen this.
