No, because there is in this case, the victim is the owner of the store. In the case of the OP, the only victim is the girl who was brutalized by her boyfriend. She cannot be guilty of an assault against herself.
Your scenario is not remotely analogous.
There is nothing in the law that says she can’t consent. For something to be illegal, the law has to say so. If it doesn’t say so, it isn’t illegal.
This is bullshit. There are all kindsof things you are not allowed to physically do to somebody no matter how much they consent. You can’t inject them with heroin, for example, and you can’t perform surgery without a license and you can’t beat the crap out of them with a baseball bat.
Are you serious?
Really, how not? In my scenarion A B & C conspired to commit a crime. In this scenario, Girl and Boy conspire to cause an abortion (not illegal as long as apparently the girl does it herself of through a doctor) via “assault” (quasi-legal) since they worked together against well nobody. Both are crimes involving conspiracy.
Great we’re getting somewhere, now find me a Michigan law that says it’s illegal to consipre with someone to beat you.
No, because it’s not illegal for the girl to “conspire” to receive an abortion, only for psych boy to p[erform it with a bat. The crime is not against the fetus but against the girl. You can’t charge an assault victim with being complicit in her own assault.
In the paragraph to which you were responding with this, I was talking about whether or not he is guilty of the crime of which he is accused, not her. You said yourself he was charged with the wrong crime so I think we agree on this point.
Injecting someone with heroin with consent is not specifically a crime. You’d probably be charged with posession or something like that. It certainly wouldn’t be assault, or whatever one would be charged with if there wasn’t consent. I’m fairly certain performing surgery without a license is against civil law, meaning you can be sued for malpractice but you can’t go to jail. The woman in question isn’t suing for malpractice, so this gets thrown out of the window. And beating someone with a baseball bat is legal if they tell you to do it. I would just make sure I could prove they consented to it before commencing the beating.
Yes. Are you?
It’s NOT illegal. That’s what I’ve been saying. It’s only illegal for the scumbag who does it. The alleged “consent” of the victim is no excuse.
Well, not necessarily. I don’t think you can start your own boxing league in your garage. There are state regulations that cover boxing.
But as I was reading that last sentance, I thought about S & M sex games. Are those illegal between consenting parties? Hitting an unwilling party with a whip would be assault, but what about hitting someone who’s (literally) asking for it?
That said, I don’t see a crime here. It’s kind of weird, and sad, but I see this as no different than the girl dosing herself with pennyroyal, or asking her boyfriend to use a coathanger. What I think is criminal is that the draconian abortion laws made the poor girl so desperate that she would resort to something like this.
I’d say that probably the girl didn’t know what a miscarriage of a six-month fetus would entail. She didn’t realize what a mess it would make, or the amount of pain it would cause-- that much is obvious, else she wouldn’t have thought the parents wouldn’t find out about it.
She most likely couldn’t hide it from her/his parents after it happened. They may have heard her screaming, or saw the blood, and I’m sure she didn’t look exactly perky afterwards. They would have, at the very least, noticed she looked very ill, and of course, demanded to know what was wrong.
Once the fetus was passed, I’m sure the parents probably had no idea what to do. Do you call an ambulance for a dead fetus? Do you call the cops when there’s a miscarriage? (They probably didn’t know why she miscarried until later.) Honestly, I probably wouldn’t know what to do with a dead fetus, either. Most people don’t have a funeral after a miscarriage. In the confusion and emotion of the moment, taking it outside and burying it may have seemed the most logical solution.
So what are we arguing about again? Since they’re not charging him with assault (btw, if you go back to post one, you’ll see I agree on this very point) there’s no crime here. He’s being charged with harming a fetus, which is apparently only a crime by him, if you overlook the girls obvious colussion. The guy be should be charged with assault or nothing. If you’re going to charge him with harming a fetus, the girls colussion has to be taken as a factor, to wit she should be charged. In any other law on the books, aiding, hiring, or coercing someone to commit a crime is itself a crime. Otherwise this is a failure of equal protection.
I’ve said like a billion times he was charged with the wrong crime. I guess we agree on that. The “crime against the fetus” thing is stupid, but the solution is not to charge even more people with the same stupid crime.
Ok, look, can we at least stop saying “beat the crap out of with a baseball bat”? The article doesn’t say anything about a baseball bat. Well, it does, but somewhat disingenuously.
(emphasis added)
This is not a Louisville Slugger we’re talking about here, but rather one of those little souvenir bats. And nowhere does the article say “beat the crap out of” or even “beat and left significant bruises”. I don’t actually know what kind of blunt trauma is required to cause a miscarraige, but I would not be surprised if a two week series of smackings wouldn’t do it.
In fact, here’s a website with facts about miscarriage link
It looks to me as if it is possible to cause miscarriage without “beating the shit out of the mother,” as it were.
Anyway, have fun calling each other Philistines.
Tenebras