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  1. #1

    Default Boyfriend slips girlfriend drugs 4x to induce miscarriage: is it attempted murder?

    Woodward is accused of trying to induce a miscarriage in his girlfriend in 2009. His Internet records show he searched for: ‘ways men have forced abortions,’ ‘drugs that induce miscariages (sic),’ and ‘evil ways to terminate a pregnancy,’ say prosecutors.


    A former Manhattan restaurant owner accused of slipping his girlfriend an abortion drug during foreplay searched online for "evil ways" to terminate a pregnancy and tips on using chloroform around the time of her miscarriage, prosecutors claim.

    Joshua Woodward, 40, conducted the searches in late 2009 after he unsuccessfully "begged" the girlfriend, now 42, to have an abortion, authorities said Thursday.

    Bent on imposing "his will," he secretly gave the girlfriend the early-term abortion drug misoprostol three times without her knowledge, once orally and twice vaginally, prosecutors allege.

    She miscarried the fetus during her 13th week of gestation on October 18, 2009, about 15 hours after Woodward allegedly dipped his hand into a backpack during a sexual encounter at her Los Angeles residence and applied the drug without her consent, a search warrant affidavit obtained by the Daily News states.


    A partner in the Table 8 restaurant chain that graced the Cooper Square Hotel before it became the Standard Hotel East Village, Woodward has pleaded not guilty to four counts of attempted murder and was released late Thursday on $4 million bail.

    "The evidence against him is weak and speculative at best. It's a mystery to us why they're charging this now. Nothing has changed over the three years since he originally was arrested," Woodward's lawyer Mark Werksman told The News.

    "The evidence doesn't justify or warrant prosecution," Werksman said. "Josh Woodward is innocent of these charges."

    Prosecutors say a forensic analysis of Woodward's Internet search history has corroborated claims by the girlfriend to police.

    They say that in late August 2009, Woodward typed into his Internet search engine the following phrases: "ways men have forced abortions," "drugs that induce miscariages (sic)," and "evil ways to terminate a pregnancy."

    Authorities claim he also searched online for ways to obtain misoprostol without a prescription on the black market.

    In early September or October, Woodward allegedly slipped the drug into one of his girlfriend's drinks, causing her to become violently ill with nausea and diarrhea but failing to end the pregnancy, according to a court filing by the Los Angeles District Attorney.

    On Oct. 11, Woodward allegedly conducted further online research on "how to insert (the drug) vaginally," prosecutors claim.

    A few days later on Oct. 17, Woodward applied the drug during foreplay, and the girlfriend again suffered symptoms of exposure but did not miscarry, authorities say.

    The restaurant owner, now a Florida resident, then conducted further Internet research on the drug's detectability in the bloodstream and applied it again Oct. 18, hours before the miscarriage, prosecutors allege.


    Apart from the unspeakable heinousness, which is pretty obvious here, I was wondering if you all thought the four charges of "attempted murder" fit the crime? As far as I can tell he is being charged for using an unauthorized drug on his girlfriend without her consent that could have resulted in serious illness and injury to her person, possibly death --hence the charges. There does not appear to be any specific charge levied for his succeeding in killing their unborn child (or attempting to). (If I'm wrong on the direction of the legal charges, feel free to clarify; but I couldn't find anything.) My question is: should there be a related charge for that and what would the charge be? I believe only some states have something on the books related to forced abortion or fetal injury.

    CLARIFICATION OF CHARGES AT THIS POST IN THE DISCUSSION
    Last edited by iwakar; 10-21-2012 at 02:43 PM. Reason: POST LINK
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  2. #2
    WALMART
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    I tl;dr'd it, I presume I know enough by reading the title, but wow. Fucked up situation, legally. Someone'll have fun with it.

  3. #3
    meh Salomé's Avatar
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    Quote Originally Posted by iwakar View Post
    There does not appear to be any specific charge levied for his succeeding in killing their unborn child (or attempting to). (If I'm wrong on the direction of the legal charges, feel free to clarify; but I couldn't find anything.) My question is: should there be a related charge for that and what would the charge be?
    First degree murder.

    I'll even give you an appropriate sentence. Give him Warfarin (preferably as a very large rectal suppository) then cut his balls and dick off with a blunt pair of scissors.
    Quote Originally Posted by Ivy View Post
    Gosh, the world looks so small from up here on my high horse of menstruation.

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    ^He pronks, too! Magic Poriferan's Avatar
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    Here in Pennsylvania we have separate laws for assault or murder (or the attempt there of) of an unborn child. I don't know if they have this in New York. What is interesting is that I know the charge is added on to someone who already has murder for murder a pregnant woman. I'm not sure if they law can actually be applied to someone directly killing the fetus without attempting to murder the mother.

    I agree with the existence of these laws in so far as I think it is a crime to deprive someone else of the chance to have their child. It worries be though because I've seen the implementation of the laws in part as a strategic move by anti abortion activists to further legitimate themselves.
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    royal member Rasofy's Avatar
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    That's not attempted murder, but there should be a crime for inducing abortion without the consent of the woman.

    With every single american state having its own penal code, things could get tricky.

    Just found this (Alabama Code):

    Alabama Code > Title 13A > Chapter 13 > § 13A-13-7 - Inducing or attempting to induce abortion, miscarriage or premature delivery of woman

    Any person who willfully administers to any pregnant woman any drug or substance or uses or employs any instrument or other means to induce an abortion, miscarriage or premature delivery or aids, abets or prescribes for the same, unless the same is necessary to preserve her life or health and done for that purpose, shall on conviction be fined not less than $100.00 nor more than $1,000.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
    Surprisingly mild punishment, btw.

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    meh Salomé's Avatar
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    $100 fine? Bargain.

    Cheaper than a visit to the abortion clinic.
    Quote Originally Posted by Ivy View Post
    Gosh, the world looks so small from up here on my high horse of menstruation.

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    Senior Member UniqueMixture's Avatar
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    For all that we have done, as a civilization, as individuals, the universe is not stable, and nor is any single thing within it. Stars consume themselves, the universe itself rushes apart, and we ourselves are composed of matter in constant flux. Colonies of cells in temporary alliance, replicating and decaying and housed within, an incandescent cloud of electrical impulses. This is reality, this is self knowledge, and the perception of it will, of course, make you dizzy.

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    Strongly Ambivalent Ivy's Avatar
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    Wow. I don't really know what to think about the legal issues, but I do know that I had labor induced with misoprostol and it was pure hell. Granted, it was a full-term pregnancy but cervical dilation is cervical dilation. My heart goes out to this woman, doubly so.

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    Senior Member Nicodemus's Avatar
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    No, abortion is not murder. Forcing drugs into someone's system, on the other, probably is some kind of crime.

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    meh Salomé's Avatar
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    "Forced abortion was denounced as a crime against humanity at the Nuremberg Trials."

    Remember those, Nico?

    In 2004, Congress enacted and President Bush signed the Unborn Victims of Violence Act, which recognizes the "child in utero" as a legal victim if he or she is injured or killed during the commission of any of 68 existing federal crimes of violence. These crimes include some acts that are federal crimes no matter where they occur (e.g., certain acts of terrorism), crimes in federal jurisdictions, crimes within the military system, crimes involving certain federal officials, and other special cases. 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."
    Quote Originally Posted by Ivy View Post
    Gosh, the world looks so small from up here on my high horse of menstruation.

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