Family petition

[Member957528]

Monday October 22nd 2012, Christina Barchetti, aged 35, lost her life in a horrific car accident through no fault of her own. The man responsible was found guilty of death by dangerous driving and sentenced accordingly. However, Christina was also 8 months pregnant with her baby girl, Bella Cristina, who also lost her life. There isn't a law in place to charge an individual with the death of Bella as she didn't get the opportunity to take her first breath.

This is a petition to create a law so this injustice can be amended and an individual can be charged, if this should happen again.

It takes about 2 minutes to complete, all you need is an email address. Just type into your browser the petition below or find us on Facebook and follow the links there. Thank you!

epetitions.direct.gov.uk/petitions/65451

www.facebook.com/groups/bellacristina

What would the charge be? For a foetus to have a life and be recognised as having human life in the eyes of the law which someone could be said to have killed, that would have implications for late term abortions and bodily autonomy for women.

I think the petition is self explanatory. It has nothing to do with abortion or a woman's bodily autonomy. If someone kills a woman who is pregnant with a full term baby, they should get charged for two deaths.

But if a full term baby who hasn't been born and yet has the same status as a born person, then what happens in cases of late term abortion, which can, rarely, be up to practically full term? If it counts as murder for this, then would it count as murder for a late term abortion? Is it only 'full term' or a few weeks before? When is the cut off date for it to be considered a life?

Again it has nothing to do with abortion but at 37 weeks a foetus is considered full term.

But it isn't a born person. And changing the law would certainly impact on abortion law, I appreciate you aren't looking at it from that perspective,but its inherently linked.

It's a very sad story,but changing the law won't help anyone there, and it could cause massive harm to lots of other people. I would never sign such a petition and would urge others not to either.

I'm sorry for your loss.

I'm not going to sign this.

I have just been reading an article about a council in the North-West of England is seeking to prove that the mother of a six-year-old girl born with Foetal Alcohol Syndrome (FAS) committed a crime under the Offences Against the Persons Act 1861 by drinking during pregnancy.

Case Details Here

I find this very worrying. As much as a truly feel awful for the family in the OP, if criminal charges can be bought against the driver that killed the mother, it creates a precedent for all sorts of things.

If people can be charged with crimes against unborn children, then many addicts will be criminalised rather than supported. What of mothers who smoke? What of mothers who delay medical treatment when in labour? It would be dreadful if mothers could begin to be charged with crimes against their unborn children.

This case (in the OP) is awful for the family. But creating a criminal precedent is wrong IMO.

I am sorry for the loss of both Christina & Bella

I can understand why you have started this petition because it feels like Bella didn't count for anything :(

However, the implications of this go far and wide and I'm afraid I can't sign your petition either.

My thoughts are with all of their friends and family.

We believe that at 37 weeks a foetus is a baby awaiting its first breath on the outside world and should have rights to life. Everyone is entitled to their opinion and to make their own mind up on whether to support us or not. So far we have gathered 1,815 people that agree with us. The law we want is specific in relation to the killing of a 37+week pregnant woman. Bella Cristina was 37 weeks old and her chance of life was taken from her by the hands of someone else.

Evening OP. We are so sorry for the loss of Christina and her unborn baby.

We're happy for you to post your link on the talkboards, but hope you'll understand if we move it to our e-petitions topic section shortly.

I'm so sorry to hear about the loss of Christina and Bella.

For the same reasons as everyone else, I can't join this petition. A change in the law like this would have an impact of late-term abortions, although I appreciate that is not at all your intention.

Sorry again for the loss.

It isn't specific though,and thats the problem.
She was not 37 weeks old,she was 37 weeks gestation,and you know that is not the same thing. You are 37 weeks old 37 weeks after you are BORN,and not before .

If you don't want to sign it that's fine. What happened to our family and the feeling of injustice was horrendous. I wouldn't wish it on anyone. This petition won't help Chrissy but it could help a future family if it should happen again but obviously I hope it doesn't. It's easy to throw in opposing and often flippant arguments but the one question that needs answering before thinking about signing this is; how would you feel if at 37 weeks pregnant your wife/girlfriend/daughter/sister/cousin/friend was killed?

The law is specific to charging an individual with the death of the baby AND the woman carrying the child therefore it has NOTHING to do with abortion.

How does it help? what you want is proper sentencing for the original charge.

It has everything to do with it, you,understandably have a very narrow focus but the law just doesnt work like that, and your proposed change wouldn't make the victims of the crime any less dead,but it would have a horrible impact for lots of others.

Just to “Nail” any myths or misconceptions. (no pun intended)
This epetition 65451, is pretty straight forward. No ambiguity.
It is not about revisiting the law on abortion. Of course the law is the law. 24 weeks gestation period etc; would be at the time of writing this, presumably the cut off point on any prosecution.
The rights of a pregnant woman is paramount on consideration of a termination. It is a decision they (hopefully) come to of their own volition and informed consent. It is not our concern.
Bella was wanted.
She was loved from the first news of Christina being pregnant
and she still is.
We are not interested in :- subsection d, paragraph 127 as amended by blah, blah blah.
We want Bella recognised.
We want all unborn children recognised under the UK law in road traffic accidents by Careless or Dangerous Drivers. We do not want other fatalities like this one to go unrecognised.
To stare down at my beautiful niece in a bed with her equally beautiful daughter in a cot by her side. The absolute desolation of a close loving family and a partner whom had lost everything which was dear to him was awful in the extreme.
But for the Crown Prosecution Service to go through the investigation with a fine toothcomb and all the evidence pointing to a healthy full term pregnancy. Then nothing.
Nothing ! Was what I had witnessed an illusion ?
Bella was not recognised in her own right by the law. Neither will any other unborn child in these circumstances. Something similar may happen again.
We want a change in the law.
If anyone has any questions or comments please post them. We are only to willing to reply.
Thank You.
Google Epetition 65451.

See.....RTA ? And before someone comes up with .....what if the Mother survived and it was her fault. Don't be silly. The CPS and or a jury wouldn't allow that !

How does it help ? Think about it. Then think about it again.

you think about it again. And again and again until you can see it from outside one very narrow perspective. Your aims are understandable, but your attitude is naive and illogical. You don't understand how the law works.