explainer

'A mum in the UK has been jailed for inducing an abortion. Here's what you need to know.'

A woman in the UK has been sentenced to 28 months in jail for using mail-order abortion drugs after the legal limit of 24 weeks pregnant.

The 44-year-old woman, who we will not name, was already a mum of three at the time of the abortion. 

According to an article in The Guardian, the woman misled the British Pregnancy Advisory Service (BPAS) during a telephone consultation in May 2020 by saying she was below the 10-week cutoff. 

She was sent the termination medication as part of BPAS "pills by post" scheme that was set up as an emergency response to deal with unwanted pregnancies under 10 weeks during Covid. Doctors have since concluded that the foetus was from 32 to 34 weeks gestation at the time of termination. 

She was sentenced under an 1861 law in the UK that was not repealed with the 1967 Abortion Act, meaning that women still face life imprisonment in the UK for inducing abortion after 24 weeks. In 2019, Northern Ireland revoked the 1861 statute, replacing it with a human rights-based framework that instead helps women access appropriate medical care.

Watch: Is abortion legal in Australia? Post continues below.


Video via Mamamia.
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While some media outlets, public figures and activist groups have used this complex, personal case as a call to action for abortion reform, it continues to create a huge divide in the court of public opinion.

Stella Creasy, a British Labour MP wrote for both Grazia UK and The Guardian to outline that while this woman's case is complex, sending her to jail and leaving her three children (one of whom has additional needs) at home was unnecessary.

"The case raises strong emotions, especially because of the late stage of her pregnancy, at 32 weeks, and her decision to lie to service providers to secure medication," Creasy wrote in The Guardian.

"Those who wish to ban access to abortion altogether argue late-term procedures are normal under our 'extreme' laws. Contrary to the coroner’s report, they allege that the baby was 'sentient and viable'. This, they argued, is why allowing women to access abortion medication by post during the pandemic was a disaster. But it wasn’t.

"As a result of this policy, thousands of women were freed from carrying a baby against their will. This case was tragic, but it was also rare. Most abortions take place at 10 weeks or less; the few late-term procedures often involve heartbreaking cases of fatal foetal abnormalities or serious disability. Parents in this position deserve our compassion."

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There has been much discussion over whether this woman and mum of three deserved to be imprisoned for her actions. There is also little known about the woman's background and what she was going through at that time early in the first lockdown.

A former chief crown prosecutor told The Guardian he would not have prosecuted the woman, saying he would have factored in the “terrible choices” people were having to make during the pandemic.

Dr Frances Ryan, an author and journalist, has pleaded for the public to consider nuance and that the case goes beyond 'abortion rights'.

"I look for nuance in most issues," Dr Ryan Tweeted.

"But spare me the 'this is complicated for pro-choice women' takes. For all the complexity, the crux is incredibly simple: there is no public interest in imprisoning this woman. And if you aren’t scared by the enthusiasm to punish her, why not."

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Mandu Reid, the leader of The Women's Equality Party (WEP), says she feels "devastated" for the woman in question.

"She is not the only woman I feel devastated for," Reid wrote for Metro newspaper.

"I feel devastated for all the women – an increasing number – who are under criminal investigation right now following an abortion, miscarriage, or stillbirth.

"I also feel devastated for all the women who will be put off or afraid to choose to end their unwanted pregnancies in the aftermath of this case."

WEP has organised a march in London for this weekend to support abortion access and to advocate for changing the 1861 law.

Feature Image: Getty.