Using cases 08: During the period of men and women, can the woman get pregnant, can she claim compensation?

Can I claim compensation for pregnancy?

Let’s talk about [male and female friends to fetch] today

If you accidentally eat at noon, take it out and write it.You don’t want to be too impulsive. If you don’t think about children, you still need to take protective measures. Otherwise, everyone will not look good to the court.After searching for relevant judgments, let’s talk about it.The relationship between men and women, if the woman is pregnant by accident, and the man is unwilling to be responsible, and eventually goes to break up. What compensation can the woman claim?

【case analysis】

Zhang and Li were once a male and female friend. The two sides broke up in May 2021.In April 2019, Li once conceived Zhang’s child. Because Zhang did not let Li give birth to the child, Li had no choice but to go to the hospital for abortion surgery.

Li believes that when he loves Zhang with Zhang, he lives and pregnant, and has a serious impact on his body and spirit for Zhang’s pregnancy and abortion surgery, forming a psychological shadow and trauma.After breaking up, Zhang no longer contact himself.Then he sued to the court.Zhang was required to compensate for the medical expenses of 9,000 yuan, and the mental loss was 2,000 yuan.

[The final judgment of the court]

Both sides of the medical expenses have 50%of each, and the mental loss is not supported.

Referee analysis

[1] How can the responsible parties bear the flow of pregnancy?

For Zhang, before sexual behavior, adopting contraceptive measures should be avoided to prevent the woman from suffering from physical injury due to sexual behavior.But Zhang did not take any contraceptive measures.In the end, the accidental pregnancy and all manual termination of pregnancy should be carried out, causing damage to its body, and should bear the corresponding responsibility.

For Li, knowing not to take contraceptive measures will have risk of pregnancy, artificial termination of pregnancy will cause physical damage, and the behavior of not refusing or adopting contraceptive measures in behavior leads to a pregnancy abortion.

[2] How to determine the size of responsibility?

Generally considering the fault of both parties, if both sides have no faults, such as rape, violence, drugs, etc., will basically determine 50%of each, and it will not rule out the situation where the court is biased towards women.

[3] Why don’t you support mental loss?

In judicial practice, the main opinions that do not support are:

1) As an adult, women have a complete capacity for civil behavior. They should know and foresee the consequences and risks of sexual relationships.

2) The tire does not reach the severity of the disability.

3) There is no illegal behavior in the man.

[4] In addition to medical expenses, what can I claim?

Like other infringement damage, in addition to medical expenses, it can also advocate transportation, nursing costs, hospitalization fees, etc., but these costs, some courts support, some courts are not supported, and they are not supported by judges.Essence

At the end

It is recommended that both men and women determine their love relationship with each other on the basis of as much understanding as much as possible, and carefully grasp the characteristics of the female physiological cycle, and take protective measures without fertility to avoid damage to the body.At the same time, it is recommended that the two parties have the basic requirements of honesty, seriousness, and responsibility in the relationship between gender relations, and avoid the disadvantage of others.If one party is considered to have sexual behavior, the case can be reported to the public security organs in accordance with the law, and the defendant’s criminal liability can be investigated in accordance with the law.

If you have any questions or need legal help, please contact me.

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