UVVA Now in Effect in West Virginia

        As of July, The Unborn Victims of Violence Act (Christy and Ashley’s Law) in now in effect in West Virginia. The legislation recognizes unborn children as separate victims of crime.

        Former Gov. Bob Wise vetoed a 2004 version, but Gov. Joe Manchin signed the bill into law in March shortly after the state House approved it on an overwhelmingly bipartisan margin.

        “The legislation was signed into law because, in 2004, West Virginia for the first time elected a pro-life Democratic governor, completing our successes in recent years of electing an overwhelmingly pro-life legislature,” said Wanda Franz, Ph.D., president of NRLC and West Virginia’s representative on the NRLC board of directors. “This is a far different situation from just a few years ago, when either pro-abortion leadership in the legislature would derail pro-life legislation or a pro-abortion Democratic governor would veto such legislation.”

        Dr. Franz added, “These are the fruits of patient work at the grassroots level of identifying and informing pro-life voters.”

        Unfortunately, justice comes too late for many families. Christy Alberts was eight months pregnant when she was shot execution style, killing both her and her unborn daughter whom she had already named Ashley Nicole. The Alberts family was devastated to know that no murder charges would be filed on behalf of little Ashley.

        More recently, a Beckley, West Virginia, man, Christopher J. Simmons, has been charged with malicious wounding in connection with an alleged assault involving his girlfriend. On April 4, Simmons and his girlfriend, who was four-and-a-half months pregnant, were arguing when he reportedly struck her in the stomach several times, killing their unborn child. Simmons could face 2–10 years in jail. No murder charges will be filed.

        “Had this alleged assault taken place after July 1, Mr. Simmons could have been charged with homicide and faced a much stiffer sentence,” said Karen Cross, West Virginians for Life executive director. “How sad that this girl has to live with the fact that no one will be charged in the death of her baby.”

        In June, 33-year-old David Keigley, from Doddridge County, West Virginia, allegedly killed his 14-year-old daughter, Mariah Keigley, for fear Mariah would expose she was impregnated by him. Even though her autopsy revealed she was in fact pregnant, he will not be charged with the death of the unborn child.

        “Beginning July 1, any criminal who injures or kills an unborn child during a crime will be held legally responsible for criminal acts against the unborn child,” said Melissa Adkins, West Virginians for Life (WVFL) legislative coordinator. “Furthermore, West Virginia families who have lost unborn children to violence will have justice and violent criminals will no longer get a free pass for killing an unborn child.”

        “Families who have been victims of crimes involving the death of an unborn child are pleased that this law will put another tool in the hands of prosecutors who seek to bring criminals to justice for their acts of violence,” added Charlotte Snead, WVFL president.

        On April 1, 2004, President Bush signed into law the federal Unborn Victims of Violence Act, which had been strongly backed by National Right to Life. This new law recognizes unborn children as full-fledged legal victims when they are injured or killed during the commission of federal crimes. However, since most crimes of violence are covered by state rather than federal laws, it is vital that each state also enact its own strong unborn victims law.

        West Virginia joins 31 other states in recognizing unborn children as separate victims of violent crimes during part or all of their pre-natal development. (For more information, go to (http://www.nrlc.org/Unborn_victims/Statehomicidelaws092302.html.)

        Abortion is exempted from prosecution because U.S. Supreme Court decisions require states to permit abortion on demand.