Hermosa Beach, CA asked in Criminal Law, Family Law, Personal Injury and Constitutional Law for California

Q: whether fetus' have a right to be free from abuse, allowing for normal brain development? if so after birth whether the

fetus' protections from domestic violence even causing stress on the mother, in turn cause a fetus brain not to develop normal/healthy. The brain starts to form while in the womb. When under stress or physical abuse forming transmitters, do not form connections as they would normally. Normally meaning: fetus not under stress or physical abuse. Research has compared a fetus feeling physical abuse as an adult being rear ended at a substantial speed. When a fetus is subjected to abuse it affects language causing speech delays but mainly math. Knowlege is based primarily on language and math. Take the SATS testing for example with the test setting the bar for children's value and acceptance into some of the top schools priming the rest of your life is a test based on language and math!! My question is whether fetus' have a right to be free from abuse, allowing for normal brain development? if so after that fetus is born whether that child has the right to be free from his/her abuser?

2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • Criminal Law Lawyer
  • San Bernardino, CA
  • Licensed in California

A: As you may know, fetal rights depend on state law and context. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: Hi, It's clear you have a lot of knowledge in this area. My question to you is whether there is a way to prove that the physical or emotional abuse caused a specific injury to the fetus... and is there a way to quantify or measure damage caused to a fetus?

Thanks,

Patrick Steinfeld

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