Unborn Victims of Violence

The Unborn Victims of Violence Act, codified in 2004 by President George W. Bush, is a United States Law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb". This law thus stipulates that if a pregnant woman is attacked, and if the woman survives but the infant in the womb dies, then the attacker is guilty with murder just as if the mother had been killed.  Although this is Federal criminal law, due to principles of Federalism present in the United States of America Constitution, Federal criminal law cannot apply to crimes prosecuted by the individual states. However, 36 states also recognize the fetus or "unborn child" as a crime victim, at least for purposes of homicide or feticide. Thus the infant, commonly referred to as a "fetus" would now seem to have gained "personhood". However, the law makes explicit exceptions for abortions, stating that the law would not  "be construed to permit the prosecution" "of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf", "of any person for any medical treatment of the pregnant woman or her unborn child" or "of any woman with respect to her unborn child."   This seems to be contradiction if the law explicitly states that the fetus is a member of the species Homo sapiens and is thus a human, which would grant it "personhood". Some people stipulate that this legal language might trigger the "collapse" clause of Roe v. Wade, which established abortions to be legal in the United States.

Here is a link to the actual text of the law: UVV Act Text

Also, here is an instructional dialogue on the law by Father Stan Fortuna OFM Cap., a Catholic priest and rapper!: Stan Fortuna (to listen to audio files on this blog you will need to download Spotify, a useful and awesome program!)