The author is a distinguished lawyer and member of the Labour peerage
The recent sentencing of a woman for administering a poison with the intent to procure a miscarriage has generated widespread indignation. Many believe that no woman should face criminalization for asserting her autonomy over her own body.
Carla Foster, a mother of three, including a child with special needs, terminated her pregnancy at home between 32 to 34 weeks during the COVID-19 lockdown when medical services were severely disrupted. Despite the judge acknowledging her mental anguish, she has been sentenced to two years and four months in prison.
Abortion remains a critical topic in discussions surrounding women’s liberation. The concept of “A Woman’s Right to Choose” recognizes that women’s reproductive capabilities have historically been a significant source of oppression. Unwanted pregnancies, whether occurring outside of marriage or as a result of rape, have long been a cause of shame, and the dangers associated with illegal abortions are well-documented. However, I am concerned that rushing into immediate reform could have unintended negative consequences.
The primary issue in Foster’s case lies in the time limit. If the 10-week cutoff for drug-induced termination has passed, the Abortion Act of 1967 comes into play. A surgical procedure becomes necessary, requiring the opinion of two medical practitioners. After 24 weeks, most circumstances make abortion illegal, and such cases are extremely rare – totaling only 236 in 2020.
Concerns have been raised, including by Conservative MP Caroline Nokes, regarding the outdated legislation used to prosecute Foster. She was charged under the 1861 Offences Against the Person Act, which was not repealed when abortion was partially legalized in 1967. Consequently, it still applies to instances when a woman terminates her pregnancy at home outside of legal parameters. This older act stipulates that individuals who use drugs or instruments for abortion could face lifelong penal servitude.
Like many others, Nokes questions whether we should be relying on legislation from centuries ago. However, even if prosecuting and imprisoning this distressed mother was unnecessary, one could argue forcefully that we should not allow anyone to escape criminal responsibility for ending the life of a viable fetus capable of survival outside of the womb.
The lack of sentencing guidelines specific to cases like Foster’s was highlighted by the presiding judge. Clearly, such guidelines are essential and should emphasize that imprisonment should be an exceptional outcome. Very few women end a late pregnancy without experiencing desperation or mental health issues. The director of public prosecutions and the Crown Prosecution Service should also provide guidance on when a prosecution is appropriate, similar to their approach concerning family members accompanying patients to Dignitas.
At some point, Section 58 of the Offences against the Person Act and the Abortion Act should be repealed, making way for a new law that prioritizes a woman’s right to choose. Personally, I believe that limits should be in place for pregnancies in the final stages of gestation. However, introducing new legislation during a time of intense cultural divisions and polarized debates may prove unwise.
Medical experts have cautioned against a recent surge in invasive and unjust investigations targeting women who have experienced late miscarriages. I worry that this campaign could lead us down a dark path, ultimately resulting in diminished rights rather than expanded ones. The developments in the United States, where the constitutional right to abortion was overturned last year, demonstrate how abortion can become deeply politicized.
Up until now, this has not been a pressing issue in the UK. However, as our own political climate becomes increasingly populist, updating the act may be misconstrued as “the right to kill babies.” The American religious right possesses substantial resources and seeks to extend its influence globally. We must proceed with caution to ensure we do not inadvertently forfeit more rights than we initially intended.
Denial of responsibility! VigourTimes is an automatic aggregator of Global media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, and all materials to their authors. For any complaint, please reach us at – [email protected]. We will take necessary action within 24 hours.
