Fetal murder law upheld
The Texas Court of Criminal Appeals says Gerardo Flores will spend his life in prison for stomping on his pregnant 16-year-old girlfriend’s belly until she miscarried twins. The court upheld the state’s fetal murder law on Feb. 13.
Flores appealed his conviction because his girlfriend, Erica Basoria, claimed that she begged Flores, now 21, to stomp on her stomach to induce a miscarriage. According to The Austin-American Statesman, Flores argued that the law was unconstitutional because it exempted women seeking an abortion, producing an “absurd and unfair” result: “Even though both actively sought to terminate the pregnancy, Flores could be prosecuted, but his co-conspirator, Basoria, could not.”
Trial prosecutors disregarded Basoria’s testimony, including claims that she beat herself in the stomach for weeks. Due to numerous cuts and bruises on her arms and face after she miscarried, they assumed that as an abuse victim Basoria testified to protect her boyfriend.
The Statesman said the Court of Criminal Appeals agreed: “Only if the acts were consensual could (Flores) argue that the statute treated him and Ms. Basoria unequally.”
Jay Brandon, Flores’ appellate lawyer, believes the court ducked the constitutionality issue. Although the court’s opinion acknowledged that Basoria’s repeated beatings to her stomach might have caused the miscarriage, they based the ruling solely on Flores stomping on her stomach. Flores is considering an appeal to the U.S. Supreme Court.
Dr. Joe Pojman, executive director of the Texas Alliance for Life, told WoW that he does not doubt the law’s constitutionality because numerous states have adopted and upheld similar fetal murder laws. Texas upheld the state’s law in November, ruling that a fetus’ death is murder whether or not it could have survived outside the womb.
“This sends a very strong message that anyone who abuses or murders a pregnant woman can be charged with crimes against both the mother and unborn child,” Pojman said.







