Now try this one. Instead of cosmetic reasons, the woman is a Christian Scientist morally opposed to C-sections. What now? The court has to tread carefully forcing treatment of children of parents of religious sects against their will.
I know I originally brought up the point of Christian Scientists being a similar scenario, but I've since figured out the legal difference.
Often times guilt has to do with the person's state of mind; whether they knew they were committing a crime or not. In the case of Christian Scientists, they believe that not having the surgery is "saving" the child, whereas having the surgery would condemn the child. It's basically a modified insanity plea, and it's why (to my knowledge--feel free to show otherwise) no Christian Scientists have ever been convicted. On the other hand, this woman understood what she was doing and did it anyway.
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