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Mum sentenced to 28 months in prison for abortion pills

867 replies

mumoftwobarnyboys · 12/06/2023 17:26

Used after the cut off point of 10 weeks.

Regardless of how far gone she was, surely this isn't right?

It is her body, despite me morally really thinking what she did was very wrong.

https://www.theguardian.com/world/2023/jun/12/woman-in-uk-jailed-for-28-months-over-taking-abortion-pills-after-legal-time-limit?CMP=twtgu&utmmsource=Twitter&utmmedium=&s=08#Echobox=1686577294

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6
RoseslnTheHospital · 12/06/2023 19:08

@thimbbwebelr153 that's not why the two doctors sign off was required. If that's a major concern then the same could be said about the prescription of any medication.

RoseslnTheHospital · 12/06/2023 19:10

@NBLarsen that charge was dropped and the conviction was under the abortion act.
The law on child destruction is very old and the terminology used is not what would be written now. Just because that law refers to a child, it doesn't mean that the unborn baby is deemed to be legally the same as a born child.

mellongoose · 12/06/2023 19:10

RoseslnTheHospital · 12/06/2023 18:04

@Redebs it's not infanticide. That would be the killing of an already born infant child and isn't a specific UK crime. This is either an illegal abortion or the very unusual crime of child destruction.

I'm not sure this is correct.

I had to terminate at 21 weeks. I had to consent to ending the life of my daughter by signing a form which contained the word "infanticide".

2 days later I went back to hospital to deliver. That delivery took longer than that of my full term surviving daughter 4 years earlier.

The reason (I now understand) they needed me to consent to this is that my baby could have been born alive. She wouldn't have survived for long but this is the way the NHS thought would be the least traumatic for everyone involved.

mellongoose · 12/06/2023 19:11

For clarity my baby was very poorly and would not have survived for long outside of my body even at full term.

Foxesandsquirrels · 12/06/2023 19:15

CoreyTaylorsSoggyTshirt · 12/06/2023 19:02

You think there's no point improving neonatal care because a tiny percentage of women want a late term abortion?

I never said that. I was replying to someone who said a it only matter when they're born. Before that we should do what we like to them. That's why I'm asking what's the point of neonatal care if the thing isnt even a baby? If it's doesn't even matter. I never even said I'm against full term abortions.

RoseslnTheHospital · 12/06/2023 19:15

I'm sorry for the loss of your daughter.

The hospital would have needed your consent to administer medication that would have ended the life of your baby before it was born. That's what was being referred to in the paperwork. That's not the same as a criminal charge of infanticide, which doesn't exist in the UK as a separate crime.

Whiskeypowers · 12/06/2023 19:15

AbraKedavra · 12/06/2023 18:47

32-34 weeks is usually fully viable. She killed an unborn baby, she didn't just get rid of a fertilised egg. At what point do we accept it isn't 'her body' anymore? When the baby graduates?

until born a baby / foetus has no legal identity and rights of their own.
that’s a fact.

whilst this is a tragic case the abrogation of that above point of Law has not occurred and so it remains the case.

this debate is very revealing about what people think they stand in terms of choice and for many there is clearly a line in the sand that causes conflict in their stance. Myself included; in this specific instance.

CoreyTaylorsSoggyTshirt · 12/06/2023 19:18

Foxesandsquirrels · 12/06/2023 19:15

I never said that. I was replying to someone who said a it only matter when they're born. Before that we should do what we like to them. That's why I'm asking what's the point of neonatal care if the thing isnt even a baby? If it's doesn't even matter. I never even said I'm against full term abortions.

Neonatal care is for after birth. So a baby by anyones definition.

Foxesandsquirrels · 12/06/2023 19:20

CoreyTaylorsSoggyTshirt · 12/06/2023 19:18

Neonatal care is for after birth. So a baby by anyones definition.

I know. I said prenatal and neonatal care. If a 34 week old baby is nothing because it's not been born, what's the point in investing millions in neonatal and prenatal care?

AgathaSpencerGregson · 12/06/2023 19:22

RoseslnTheHospital · 12/06/2023 19:15

I'm sorry for the loss of your daughter.

The hospital would have needed your consent to administer medication that would have ended the life of your baby before it was born. That's what was being referred to in the paperwork. That's not the same as a criminal charge of infanticide, which doesn't exist in the UK as a separate crime.

Infanticide does exist as an offence under English law:https://www.legislation.gov.uk/ukpga/Geo6/1-2/36/section/1

I cannot see that this would apply to the tragic circumstances described by @mellongoose ir if it did, how signing any form would deal with the matter.

I am sorry for what happened to you @mellongoose.

Infanticide Act 1938

An Act to repeal and re-enact with modifications the provisions of the Infanticide Act 1922.

https://www.legislation.gov.uk/ukpga/Geo6/1-2/36/section/1

scrantonelectriccity · 12/06/2023 19:23

RoseBucket · 12/06/2023 18:28

She was in a relationship with two men, plus her ex partner (according to her local paper reporting) she had two children at the time, had a precious abortion before 24 weeks, a child in care and is now a mother of three

She looked up how to abort over a period of time, lord to professionals, called an ambulance and lied again, then further called an ambulance and lied to staff.

An autopsy revealed the truth, she continued to lie and admitted it when her defence team negotiated the offence.

Poor baby Lily, if she had mental health concerns I’m sure her defence would have raised it. I’m not sure I can sympathise.

You're mistaken and spreading incorrect information @RoseBucket

The woman who was sentenced today had not previously had an abortion just before 24 weeks and another child in care.

The judge was referencing a previous similar case R v Catt 2013 where Ms Catt had 2 young children, had previously had an abortion before 24 weeks and put another child up for adoption and then had another abortion at full term.

Paragraph 12 and 13 of the judges notes here crimeline.co.uk/wp-content/uploads/2023/06/R-v.-Foster-sentencing-remarks-12.6.23-1.pdf

sunshinesupermum · 12/06/2023 19:23

Prison is wrong in this case. The judge has deprived three other children of their mother when a non custodial sentence would have been appropriate.

FlippyFloppyFlappy · 12/06/2023 19:23

I think the sentence is just. I feel bad for her having an unwanted pregnancy but she purposely took the tablets knowing she was further along. Too far along imho.

AskingForAFriend12 · 12/06/2023 19:24

pjani · 12/06/2023 17:28

She was 32 weeks pregnant - when I saw a thread on this earlier I was shocked the UK might prosecute. Now I know she was 32 weeks I understand.

My reaction exactly.

MakesMeFeelSad · 12/06/2023 19:26

sunshinesupermum · 12/06/2023 19:23

Prison is wrong in this case. The judge has deprived three other children of their mother when a non custodial sentence would have been appropriate.

The judge didn't get a choice of giving a non custodial sentence

scrantonelectriccity · 12/06/2023 19:28

sunshinesupermum · 12/06/2023 19:23

Prison is wrong in this case. The judge has deprived three other children of their mother when a non custodial sentence would have been appropriate.

One of the children with special needs who the judge says is "particularly reliant on her love and support". Poor children :(

Unicorn34 · 12/06/2023 19:29

pjani · 12/06/2023 17:28

She was 32 weeks pregnant - when I saw a thread on this earlier I was shocked the UK might prosecute. Now I know she was 32 weeks I understand.

Same here! Horrified when I heard the age of the unborn baby. That's murder

scrantonelectriccity · 12/06/2023 19:29

The judge said if she had pleaded guilty at the earliest opportunity in Magistrate's court the sentence could've been suspended

Lollygaggle · 12/06/2023 19:32

The tragedy is that Lily Foster died because her mother lied in a premeditated and well researched way .
The tragedy is that children will be raised without a mother for some months and will have the knowledge that is because a sibling died.
The tragedy is that the mother would have been given legal advice which if she had followed and plead guilty earlier there would have been no custodial sentence .
The tragedy is that the partner will have to live with the trauma of his failed attempts to resuscitate a new born baby and with being a single parent for now and then try to rebuild some sort of parenting relationship with someone who broke trust in such a way.

There is a law , made like many , to try to protect those who are powerless. As a society we have decided abortion after 24 weeks is not acceptable, except in very rare circumstances .

If you break the law , there are , rightly ,consequences.

This offence would not , automatically , warrant a custodial sentence. However the actions of the defendant in not pleading guilty until far along the process meant a custodial sentence was unavoidable.

If you are hoping that this would not be repeated you would hope there would be remorse, insight , contrition . A big part of this would be an early guilty plea , which a lawyer would have pointed out the advantages of given the evidence .
We have a legal system which has changed the law so that eg a man stabbing a pregnant woman , killing the baby ,can be tried for murder/manslaughter , we also have a system that has nuance over infanticide recognising for over a hundred years post partum psychosis .

We have to ask ourselves at what point a woman has to take the consequences of decisions made before, during and after a case like this . Because you are a woman with children does that mean you are judged by a different standard in a blanket fashion?

Saschka · 12/06/2023 19:35

Clymene · 12/06/2023 17:59

What is prison for? To deter other people from committing the same crime? To punish the perpetrator?

I cannot see how any good can be served by taking this woman away from her 4 children for a year and incarcerating her.

It just feels like a perfect storm to me and if she'd been able to access medical care earlier and we hadn't been in lockdown, the whole sorry saga could have been avoided.

All babies deserve to be born wanted.

Nope - she became pregnant in October 2019, knew she was pregnant in December 2019, and passed the cut-off for legal abortion in March 2020. Lockdown started April 2020.

mellongoose · 12/06/2023 19:39

Thank you @RoseslnTheHospital and @AgathaSpencerGregson. 🙏

The clarification is helpful x

SoupDragon · 12/06/2023 19:41

32 weeks!!

I don't understand the bit about "the body had never been recovered". Which body?

grapehyacinthisactuallyblue · 12/06/2023 19:42

At 32 weeks, the baby can survive. So I think it's nothing different from baby be born and killed. It's murder.

LadyLapsang · 12/06/2023 19:42

Someone I knew gave birth at 23 weeks quite a long time ago. They told her they would not intervene because the baby was too young to survive. The priest arrived to baptise the baby, who cried. They then decided to intervene and the child survived.

I also knew someone whose third baby was so disabled that he was unlikely to live very long after birth, she had a pretty late abortion, after 18 weeks, it was hugely harrowing but the right decision for her and her family.

32 weeks plus is so late for an abortion. I’m sure the case is complex and very sad, but it is a very serious matter. In another court a healthcare professional is currently accused of the murder of neonates. I imagine some of those babies would have been born before 32 weeks.