In a landmark case, a woman has been sentenced to 28 months in prison for taking at-home medication to end a pregnancy beyond the legal cut-off point of ten weeks (a surgical abortion is still possible up to 23 weeks).
The woman, who is aged 44 and a mother of three, and whose identity has not been made public, will carry out half her sentence behind bars and the remaining time under licence conditions. She pleaded guilty in March to procuring drugs to induce an abortion under the Offences against the Person Act (which dates back to 1861) and has been accused of misleading BPAS in order to obtain the drugs. Originally, she pleaded not guilty to a charge of an offence of child destruction.
In court, the woman claimed not to be aware of how far along her pregnancy was and said she "cannot forgive herself and that it will haunt her forever", whilst the prosecution said she'd discovered her pregnancy in December 2019 but did not call an abortion provider until May 2020. The case came to light after she sought medical attention following the termination of her pregnancy via at-home pills, and hospital staff contacted police. Following testing, it was concluded the foetus was 32 to 34 weeks gestation upon delivery.
The Guardian reports that the woman believed she was 28 weeks pregnant when she requested the at-home pills (which is still beyond the legal limit of 23 weeks and 6 days of pregnancy in England, Scotland and Wales), and that police seized her Google search history which included terms such as 'could I go to jail for aborting my baby at 30 weeks' and 'I need to have an abortion but I’m past 24 weeks'.
Leading abortion services providers, such as the British Pregnancy Advisory Service and MSI International (formerly known as Marie Stopes), have spoken out to condemn the ruling. Doctors say they fear it will undermine their services and may prevent patients from speaking with complete honesty in future, which can impact on their care.
Critics of the pills-by-post abortion service will no doubt point to this extremely rare case as an example as to why we need stricter abortion rulings in the UK, and say it proves that pregnant people will abuse the telemedicine system at the risk of their own health and that of the foetus. Those defending the woman in court said she clearly needed support from mental health services, which she was unable to access due to the pandemic, and added that she would benefit from "family and support" rather than a custodial sentence.
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According to the coroner's report, there was no sign the foetus took an independent breath.
Justice Pepperall said: "This case concerns one woman's tragic and unlawful decision to obtain a late-term abortion. In my judgment your culpability was high because you knew full well your pregnancy was beyond the limit of 24 weeks, and you deliberately lied to gain access to telemedical services.
"I accept that you feel very deep and genuine remorse for your actions. You are wracked by guilt and have suffered depression. I also accept that you had a very deep emotional attachment to your unborn child and that you are plagued by nightmares and flashbacks to seeing your dead child's face."
Tweeting about the news, Stella Creasy, a Labour MP who has long been vocal about abortion rights, said following the verdict: "This case reveals bitter truth, contrary to what some claim, abortion is not legal in England - and you can be prosecuted for having one.
"The average prison sentence for a violent offence in England is 18 months. A woman who had an abortion without following correct procedures just got 28 months – we need urgent reform to make safe access for all women in England, Scotland and Wales a human right."
Dr Sarah Salkeld, of MSI Reproductive Choices, the UK's leading abortion provider, described the case as "incredibly distressing case for everyone involved". She added when speaking to press, "It is neither a compassionate nor a proportionate response to send someone to prison for ending their pregnancy. Nor is it in the public interest. This ruling could have repercussions for those who find themselves in unimaginably difficult situations, including unexplained pregnancy loss."
Despite years of campaigning, abortion is yet to be decriminalised in England, Scotland and Wales – remaining a crime under the 1967 Abortion Act. The woman in this case was prosecuted under a law passed over 150 years ago in 1861, which states any woman seeking to end a pregnancy must have legal permission from two doctors, who agree that taking it to full term would be detrimental to the woman's physical or mental health. Without these two signs offs, any woman may face imprisonment, and any medical professional who provides an abortion outside of this strict criteria would also be committing an illegal offence.
Mandu Reid, leader of the Women’s Equality Party, added, "This sentence is a human rights violation. No-one should ever be criminalised or deprived of their liberty for accessing healthcare. This conviction serves absolutely no-one, not the woman, not her children, not the public interest.
"The laws that convicted her are archaic and date back to the Victorian era, before women had the vote. Parliament must act now to repeal this outdated abortion legislation that criminalises women and is out of step with public opinion."
Following the verdict, the BPAS (along with the Fawcett Society, the Women's Equality Party and many others) have announced it will "take to the streets" outside the Royal Courts of Justice this Saturday at 1pm to demand abortion law reform. For more information, see the Eventbrite listing here.
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Jennifer Savin is Cosmopolitan UK's multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She's grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC’s Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women’s Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.
