Prosecutors to Modify Indictment, Not Pursue Direct Charges for Fetal Harm in Traffic Incident
NAGOYA - Prosecutors have decided against directly charging a driver with causing harm to a fetus following a traffic incident in Ichinomiya, Aichi Prefecture, in May. Sayaka Togitani, 31, who was nine months pregnant, died after being struck by a vehicle driven by Naoko Chigono, 50. Her daughter, Hinami, was born via emergency C-section but remains unconscious and suffers from severe brain damage.
Chigono has already been indicted for negligent driving resulting in Togitani’s death, a violation of the Law on Punishment of Acts Inflicting Death or Injury on others by Driving a Motor Vehicle, etc. While the family of Hinami requested the baby be recognized as a separate victim in the case,current Japanese law does not legally define a fetus as a person.
Sources close to the prosecution indicate they will instead incorporate the findings of their investigation into Hinami’s injuries into the existing indictment against Chigono, presenting the information in a different legal framework. This decision follows supplementary investigations, including detailed interviews with medical professionals assessing the extent of Hinami’s condition.
Prosecutors are expected to elaborate on this approach during the next court hearing scheduled for january.
The case has garnered significant public attention, fueled by an online petition started by Hinami’s father, a 33-year-old man seeking accountability for his daughter’s injuries. The petition, which collected over 110,000 signatures, was submitted to the Nagoya District Public Prosecutors office in September.
The prosecution’s decision acknowledges the complexities of applying existing legal precedents to cases involving fetal harm. A key reference point is a 1988 Supreme Court ruling in the Kumamoto Minamata disease case, which established criminal liability for professional negligence resulting in a child’s death after birth, even if the illness originated in the womb. However, prosecutors reportedly determined applying this precedent directly to Hinami’s case would be legally challenging.
