Crime of Illegal Abortion

Question: If a woman becomes pregnant, decides to have an abortion, and the fetus dies, what offense does the woman commit? Is the man guilty? If the man decides to have an abortion, the woman consents, and the fetus dies, what offenses do they each commit? If the woman does not consent to the abortion but is coerced into it, what offenses do they each commit? If the woman decides to have an abortion, the man is aware but does not participate, is he guilty? If the man is unaware, is he guilty?

Answer: If a woman decides to have an abortion herself and the fetus dies, she commits the offense of killing. If the man is aware of the situation, consents, and does not prevent it, he also commits the offense of killing; if he did not consent and attempted to prevent it but failed, he is not guilty.

If the man decides to have an abortion, the woman consents, and the fetus dies, both commit the offense of killing; if the woman does not consent to the abortion and is coerced into it, she is not guilty, but the man alone commits the offense of killing.

If the woman decides to have an abortion, the man is aware but does not participate and does not express an opinion, he is still guilty—he should have prevented it but failed to act, committing the blameworthy killing offense through inaction; if the man is unaware of the matter, he is not guilty.