Brook statement on abortion conviction

We deeply regret the conviction and imprisonment of a woman this week for illegal abortion.

But how should society respond to a woman who has broken the law, lying to a health provider to access medication to end a pregnancy after the legal time limit?

The courts in last week’s prosecution opted for a conviction and custodial sentence under a 160-year-old law.

The other option would have been to try to understand the sheer desperation of someone willing to do this; why she felt she was unable to access the support she needed to ensure the best outcome for herself and her family. In the height of COVID-19, she may have found it difficult to believe she could access additional support to care for a fourth child, or find someone to talk through the option of fostering or adoption.

Responses from those supporting the prosecution, conviction and sentence have ranged from the punitive (it’s right she should be punished for this heinous act) to the legalistic (the CPS had no choice but to prosecute. The law is the law and if we don’t like it we should ask MPs to change it.)

That is exactly what Brook has done. We believe that abortion should be taken out of criminal law entirely and along with signatories from over 30 organisations we have signed this position statement on abortion law reform. There are MPs from across the house who support law reform. They understand that our Victorian law punishes the most desperate and vulnerable of women and people seeking abortion. It also stands in the way both of modernising abortion provision in line with best practice, and expanding the workforce to make this vital and commonplace service sustainable.

Several women are currently awaiting prosecution under the 1861 Act. Cases like that of 44-year-old Foster who have abortions outside of the legal time limit are extremely rare anomalies, not the norm. Prosecuting them must not become the norm. Rather, we should seek to ensure that health services, social services and mental health services are doing everything they can to support those who are struggling with an unwanted, or untenable pregnancy.