Aichi Assembly to Recognize Fetuses as Accident Victims; Move Spurred by Death of Pregnant Woman in Collision

Yomiuri Shimbun file photo
The Nagoya District public Prosecutors Office in Nagoya

Following the death of a pregnant woman who was struck by a car in May, the Aichi prefectural assembly is expected to pass an opinion paper that recognizes fetuses killed or injured in accidents as victims.

The paper calls on the national government to start discussions aimed at amending the relevant law. Fetuses are not viewed as people under current criminal law, and the passage of the opinion paper would be the first such recognition in Japan.

Expectant mother Sayaka Togitani, 31, was struck from behind and killed by a car in Ichinomiya, Aichi Prefecture. Her daughter Hinami was born via emergency cesarean section about an hour and a half later. The child suffered severe brain damage and remains dependent on a ventilator.

The driver in the incident was Naoko Chigono, 50, an unemployed woman from the same city. She is currently on trial for negligent driving causing the death of Togitani in violation of the Law on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle.

Togitani’s family has demanded that Chigono’s criminal responsibility also be pursued for negligent driving that caused harm to Hinami. Over 130,000 signatures calling for the law to be applied in that regard have been collected online.

However, the Nagoya District Public Prosecutors Office decided to drop charges of negligent driving that caused harm to Hinami.

The opinion paper likely to be passed by the prefectural assembly calls for recognizing an injured or deceased fetus as a victim and revising the punishments in cases where a fetus suffers injury or death after birth due to traffic accidents or similar incidents.

The second-largest faction in the prefectural assembly compiled the opinion paper and is expected to submit it on the final day of the plenary session on Nov. 18.