by
Steven Ertelt
LifeNews.com Editor
October 14,
2009
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Salt
Lake City, UT (LifeNews.com) -- A Utah girl who paid a man to
hit her in the stomach in an attempt to cause a miscarriage-abortion
has been declared by a judge to not be guilty of violating any state
law. The judge used a state abortion law that one state legislator
was applied wrongly to absolve her of any responsibility.
The case involves 21-year-old Aaron Harrison whom the unnamed 17-year-old girl asked in May to help her cause an abortion to kill her seven-month-old unborn child.
The court documents show the girl's boyfriend had threatened to leave her if she did not get an abortion.
Harrison, a friend of the girl, reportedly struck and bit her and she paid him $150 to do so. The unborn baby survived the attack and doctors induced labor so the baby could be born.
Eighth District Juvenile Court Judge Larry Steele sided with the young woman's defense lawyer Rich King, who argued that, under Utah law she could not be held responsible.
Judge Steele issued a four-page opinion last Thursday describing the actions as "shocking and crude" but saying her actions "fit the definition for an abortion. As such, she cannot be held criminally liable for her actions pursuant to the Utah abortion statutes."
During the trial, King said, "Women may use any procedure or method of terminating pregnancy, by abortion or by miscarriage, and they cannot be charged with a crime," according to the Salt Lake Tribune.
Prosecutors had argued the girl's failed attempt was not a legal abortion because it can only be done by a licensed physician in the state.
Rep. Carl Wimmer, a pro-life Republican legislator, told the newspaper the state's abortion law never intended for this result and he promised to do something about it.
"The judge is absolutely stretching," he said. "There's no way the judge believes the Utah Legislature left open this loophole. I guarantee it will be closed this next session."
Wimmer
said he would work on tightening the abortion definition.
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