Question: If a woman becomes pregnant and decides to have an abortion, and the fetus dies, what offense does the woman commit? Does the man commit an offense? If it is the man who decides on the abortion and the woman agrees, and the fetus dies, what offense does each of them commit? If the woman does not agree to the abortion but is coerced into it, what offense does each of them commit? If the woman decides on the abortion and the man knows of it but does not participate, is he guilty of an offense? If the man does not know about it, is he guilty of an offense?
Answer: If the woman herself decides to have the abortion and the fetus dies, she commits the offense of killing. If the man is aware of it and consents without obstructing it, he also commits the offense of killing; if he did not consent and attempted to obstruct it but failed, he commits no offense.
If it is the man who decides on the abortion and the woman agrees, and the fetus dies, both commit the offense of killing; if the woman does not agree to the abortion but is coerced into it, she commits no offense, and the man alone commits the offense of killing.
If the woman decides on the abortion and the man knows of it but does not participate and expresses no opinion, he still commits an offense: he should have stopped it but did not, and through inaction he commits an expiable offense of killing; if the man does not know about it, he commits no offense.
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