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AIBU to think throwing a mum-of-four in prison for having an abortion is never the answer?

1000 replies

therescoffeeinthatnebula · 12/06/2023 12:13

Spotted this on Twitter and haven't seen it already being discussed.

Apparently, a woman is being sentenced today for having an abortion over the limit during lockdown. I don't know of the circumstances (can't find anything other than the Sunday Times article), only that she already had four children and claims she didn't know exactly how far along she was.

I think most of us would agree making medical appointments during lockdown was bloody difficult and that it's even harder to attend any appointment if you have children, given you're not normally allowed to take them with you.

Whatever the truth, I'm appalled to see a woman potentially thrown in prison for trying to seek an abortion during lockdown, especially when you look at how violence against women is treated. I'd have thought referring her for mandatory counselling would be more of an appropriate outcome than prison because finding out you aborted what could have been a viable baby has got to mess with anyone's head.

It's all very sad - she should have been able to access proper services earlier - but prison, to me, should never have been on the table as a consequence.

I didn't actually realise that abortion in this country was blanket illegal and that our rights to seek abortions up to the limit are actually exceptions to that law rather than a piece of legislation that stands on its own.

OP posts:
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AfricanGrey · 12/06/2023 19:03

VitoCorleoneOfMNMafia · 12/06/2023 18:26

Our laws have the starting point that all abortions are illegal, then backtrack some exceptions. That is a ridiculously outdated and patriarchal approach to it.

Hear hear.

Abortion should be legal as a starting point, and then exceptions written for when it shouldn't be.

I would just decriminalise it and let the medical regulators sort out what good practice should look like.

My model would look like: on demand, free of charge, as early as possible, and as late as necessary.

  • This would protect doctors acting to safeguard a pregnant woman's health at all stages of pregnancy. Imagine a case like Savita but at 30 weeks: decriminalisation means that the doctors don't need to even think about the law to save their patient, as long they act within their training and regulatory guidelines. The law is a blunt instrument and can't replace clinical judgement.
  • Women like the one in this case would be given the mental health support that they need, and would be able to seek terminations in hospital instead of resorting to desperate and dangerous DIY measures.

Great post.

mayorofcasterbridge · 12/06/2023 19:03

AfricanGrey · 12/06/2023 18:34

So by your logic, if a woman who does not want and has never wanted children gets pregnant while using contraceptives, they should be forced to give birth to the baby? Even if they found out at 8 weeks and had access to an early termination?

An early termination is not remotely comparable to this situation.

VitoCorleoneOfMNMafia · 12/06/2023 19:04

eggsbenedict23 · 12/06/2023 18:55

The organ donation analogy is flawed. When not donating an organ you are passively letting them die. An abortion however actively kills/harms/damages the fetus' body.

The omission versus commission argument is irrelevant. The point is that under current law no one apart from an unborn baby has the right to use someone else's body for life support, and no one apart from a pregnant woman can be compelled to act as a life support machine. This is rooted in the misogynist belief that women's bodies are exploitable resources.

Un7breakable · 12/06/2023 19:06

Can I suggest people read the actual sentencing.

https://crimeline.co.uk/carla-foster-sentencing-remarks-12-june-2023/

She was over 30 weeks, she knew this as evidenced by her internet searches. She lied to the Dr on the phone and the paramedics who were first called out. Her daughter was viable.

Abortion needs reforms but this case is not the one to hold up as an example.

It's terrible for all concerned.

Carla Foster, Sentencing Remarks 12 June 2023 – CrimeLine

https://crimeline.co.uk/carla-foster-sentencing-remarks-12-june-2023

AfricanGrey · 12/06/2023 19:06

Yes. "Forced to give birth". Pregnancy is a natural bodily reaction to fetus fertilisation. Are you forced to breath or digest food?Still a life at 8 weeks. I think there's a heartbeat at week 5/6?

But this hypothetical woman does not want children. She does not want to be pregnant. She has never wanted a child.

You believe she should continue a pregnancy against her wishes as opposed to safely and humanely aborting at 8 weeks?

VitoCorleoneOfMNMafia · 12/06/2023 19:06

whumpthereitis · 12/06/2023 19:00

So? You can actively maim and even kill an actual person attempting to use your body against your will.

Thank you. I had forgotten about the self-defense argument.

Kiwano · 12/06/2023 19:07

If an unborn baby can use my body against my will for fourteen weeks in the third trimester, it undermines the argument that a rapist shouldn't be allowed to use my body against my will for fourteen minutes during a rape.

This is a completely false comparison and a thoroughly dishonest argument. Self evidently the unborn baby who is not in the uterus of its own volition and who is dependent on its mother for survival is not comparable to a rapist who is acting completely of his own volition and who has no reason to need to rape whatsoever. A rapist who tried that argument would probably end up getting his sentence doubled.

Just for the record, I'm very thoroughly pro-choice up to 24 weeks and arguably up to 26 or 28. If this woman had had the pregnancy terminated throughout the long period when she had a perfect right to do so and also had the relevant facilities fully available to her, I would support her to the hilt. I am just very uneasy indeed with a decision to lie to get hold of and take a pill at 32-34 weeks which is highly likely to cause the foetus/baby severe distress and pain, and to leave that baby disabled if she survives.

Anonymouseposter · 12/06/2023 19:08

QueenofKattegat · 12/06/2023 18:52

Looks like it. Although the persuasion of their argument so far has reached "how would you feel if you were the abortion" 🤣🤣

QueenofKattegat the laughing emoticons are disgusting in this context, whatever your opinion, an almost full term baby was effectively "put to sleep". Very funny

CatfoodOzymandias · 12/06/2023 19:10

Why would they name her😡

JenniferBooth · 12/06/2023 19:10

So if the baby was concieved while she and her ex were apart (on a break if you like) she didnt cheat on him so why was she so scared to tell him that the alternative was this?

MakesMeFeelSad · 12/06/2023 19:16

user9630721458 · 12/06/2023 19:01

I think the guilty plea would have shown she took responsibility for her actions and was not wasting the time of the court @ApiratesaysYarrr

Yes to taking responsibility, also guilty plea is entered early them a judge can reduce a custodial sentance by 1 /3rd. They also have the choice of a suspended sentence if the sentence is under 2 years , which is why the judge said

“one of the tragedies” of the case is she did not indicate her guilty plea at the earliest opportunity —sentence would have been eligible to be suspended with full credit.

QueenofKattegat · 12/06/2023 19:16

QueenofKattegatthe laughing emoticons are disgusting in this context, whatever your opinion, an almost full term baby was effectively "put to sleep". Very funny

Does my post refer to the foetus in this particular case? No. Maybe if you read it again (it isn't very long) you'll see that the "laughing emoticons" are in direct response to the frothing forced birther who asked people how they'd feel if they were an abortion. A sentence that well deserves many laughing 'emoticons'.

I'm sure there are more posts you could go and police though. Enjoy!

sussexman · 12/06/2023 19:17

ApiratesaysYarrr · 12/06/2023 18:59

So this Twitter thread shows that actually she had an abortion of a 32-34 week foetus. It's not a simple case of being a couple of weeks over or slightly mistaken with dates.

I'm very pro choice, but I can understand why this case has gone to court. The judge is correct that he has to apply the law as it stands, although there is the interesting comment that if she had entered a guilty plea earlier, it is likely that she would have escaped a custodial sentence.

Absolutely. In fact the case came to light because there was an emergency services call that she'd gone into labour. The paramedics tried and failed to save the child, and with a 33/34 week pregnancy why wouldn't they? It's a horrible situation all around, but it doesn't really illustrate a general problem with the law (unless of course those that are saying 'as late as necessary' really do mean up to 42 weeks. )

VitoCorleoneOfMNMafia · 12/06/2023 19:18

sheworemellowyellow · 12/06/2023 18:59

Setting aside the parlous state of the UK's democracy for a moment, the theory is that the state = the people. We decide, as a collective, who we are. It's us, all of us, who decide collectively, who we are. The people who create the laws, become judges and members of a jury. If you want the laws to change, turn to your friends and neighbours and convince them, around half of whom are women just like you, because they are "the state".

There's no need to use language like "less right to bodily autonomy than a corpse". It's inaccurate, factually incorrect and disrespectful. Pregnancy, and the line between the pregnant woman and the foetus/baby, is (clearly) a unique situation that calls for unique ideas and responses. Nobody is suggesting that women be silenced, treated like dead meat; nobody is suggested that abortion shouldn't be legal. Most people are saying that a line needs to drawn somewhere. You're saying no line should ever be drawn, it's 100% up to the woman. I'm saying no: there are two people involved here, one of whom needs "the state" to advocate for them. Pregnancy and gestation is a situation that rarely calls for an always-applicable, extreme response.

Your analogy to rape is gross. And stupid. It doesn't merit more of a response than that.

You're right about succubus, apologies. Parasite/host is more appropriate.

There's no need to use language like "less right to bodily autonomy than a corpse". It's inaccurate, factually incorrect and disrespectful.

In what way is it inaccurate or factually incorrect? My "as clear as possible" edition of my stance is upthread at https://www.mumsnet.com/talk/am_i_being_unreasonable/4825963-aibu-to-think-throwing-a-mum-of-four-in-prison-for-having-an-abortion-is-never-the-answer?reply=126843912

Your analogy to rape is gross. And stupid.

It is accurate as a specific case of the generalised question: "A is using B's body against B's will. Does B have the right to use any means necessary, including lethal force, against A to make A stop?" The rapist's intent versus unborn baby's lack of intent isn't relevant to my argument because I always answer "yes" to that generalised question. I'm not accusing an unborn baby of intending to hurt the woman, which would be "gross" and "stupid". The unborn baby is completely innocent of all intent, which is one of the reasons why abortion is such a contentious issue.

Page 33 | AIBU to think throwing a mum-of-four in prison for having an abortion is never the answer? | Mumsnet

Spotted this on Twitter and haven't seen it already being discussed. Apparently, a woman is being sentenced today for having an abortion over the lim...

https://www.mumsnet.com/talk/am_i_being_unreasonable/4825963-aibu-to-think-throwing-a-mum-of-four-in-prison-for-having-an-abortion-is-never-the-answer?reply=126843912

LovePoppy · 12/06/2023 19:18

What a horrifically sad situation for all.

im saddened but not surprised that some are using this as a stick to beat women with.

user9630721458 · 12/06/2023 19:18

@MakesMeFeelSad Thanks.

mayorofcasterbridge · 12/06/2023 19:20

VitoCorleoneOfMNMafia · 12/06/2023 18:53

Yes, yes it is. Which is why I am vehemently in favour of decriminalising abortion.

If I opt out of post-mortem organ donation today and die tomorrow, my organs cannot be used to save someone's life, no matter how hard it is to find a match nor how desperately ill that person is. I don't need the consent of any doctors to opt out of post-mortem organ donation, nor do I need to justify my refusal.

If I fall pregnant tomorrow, I have to get the consent of two doctors to withdraw life support from the unborn baby. I will need to convince those doctors that I have justification for wanting to end the pregnancy.

So the unborn baby gets more protection against me saying "no" to the life-saving use of my body than a born human with kidney failure. Dead-me has my "no" about the use of a kidney respected more than alive-me has about the use of my whole body (because pregnancy doesn't just involve the uterus).

Well particularly in the light of this case, I am vehemently against it. Taking the life of a viable baby is immoral and just wrong!

Maybe scrap the 'two doctor' thing up to 12 weeks. Seems like a nonsense anyway, but there would I guess have to be a scan to determine gestation. Up to 24 weeks, I agree with the legality here even if I am deeply uncomfortable with termination as late as 24 weeks unless for medical reasons.

The idea of willynilly legalising women aborting healthy babies right up to birth is anathema to me. Fortunately I think the majority would agree with me.

It's crazy to compare pregnancy to being dead!!!

nothingcomestonothing · 12/06/2023 19:22

TooJoy · 12/06/2023 17:44

I’m on the fence.

Abortion after a certain time is illegal and she knew how far along she was.
There is no point having a law if it’s not going to be upheld.

A few weeks later the baby would have been born and she could have put it up for adoption.

If she had waited until the baby was born and then she or someone else killed it then they would have been charged with murder and put in prison so there does have to be a cut off limit from when it is an abortion vs murder.

These pills are unlikely to kill a baby that age which is why these are only recommended to be taken under 10 weeks and it could have easily resulted in a severely disabled child in care that would never find a permanent home.

She should be made to pay for what she has done but I think the sentence she’s got is very long considering other crimes get less time and her 4 kids are going to be affected by her being in jail (I don’t think kids should be a get out of jail free card because most prisoners have kids but they should be taken into account).
She was obviously in a very difficult situation and it wouldn’t have been a decision she made lightly.

I wonder if she’s got previous convictions.

If she had killed her new born baby she would most likely NOT have been imprisoned. That's one of the concerning things in this case. Trying to end the pregnancy before term has ended up with her getting a greater punishment than she likely would have got if she'd gone to term, given birth and then killed her baby. The whole thing is a mess.

VitoCorleoneOfMNMafia · 12/06/2023 19:23

Kiwano · 12/06/2023 19:07

If an unborn baby can use my body against my will for fourteen weeks in the third trimester, it undermines the argument that a rapist shouldn't be allowed to use my body against my will for fourteen minutes during a rape.

This is a completely false comparison and a thoroughly dishonest argument. Self evidently the unborn baby who is not in the uterus of its own volition and who is dependent on its mother for survival is not comparable to a rapist who is acting completely of his own volition and who has no reason to need to rape whatsoever. A rapist who tried that argument would probably end up getting his sentence doubled.

Just for the record, I'm very thoroughly pro-choice up to 24 weeks and arguably up to 26 or 28. If this woman had had the pregnancy terminated throughout the long period when she had a perfect right to do so and also had the relevant facilities fully available to her, I would support her to the hilt. I am just very uneasy indeed with a decision to lie to get hold of and take a pill at 32-34 weeks which is highly likely to cause the foetus/baby severe distress and pain, and to leave that baby disabled if she survives.

Copy-pasting some of what I just wrote:

The rapist's intent versus unborn baby's lack of intent isn't relevant to my argument

JenniferBooth · 12/06/2023 19:25

I would like to know why she was too scared to tell her ex despite the baby being conceived while they were apart

DisquietintheRanks · 12/06/2023 19:26

@VitoCorleoneOfMNMafia except she had 24 weeks in which to stop the fetus making use of her body. You could argue that extending the pregnancy beyond that point implies consent.

VitoCorleoneOfMNMafia · 12/06/2023 19:28

mayorofcasterbridge · 12/06/2023 19:20

Well particularly in the light of this case, I am vehemently against it. Taking the life of a viable baby is immoral and just wrong!

Maybe scrap the 'two doctor' thing up to 12 weeks. Seems like a nonsense anyway, but there would I guess have to be a scan to determine gestation. Up to 24 weeks, I agree with the legality here even if I am deeply uncomfortable with termination as late as 24 weeks unless for medical reasons.

The idea of willynilly legalising women aborting healthy babies right up to birth is anathema to me. Fortunately I think the majority would agree with me.

It's crazy to compare pregnancy to being dead!!!

It's crazy to compare pregnancy to being dead!!!

I'm specifically talking about the right to bodily autonomy of pregnant women versus the right to bodily autonomy of a corpse. I think it's crazy that the corpse has more rights to decide what happens to it's body than a living pregnant woman does to hers. I don't think I can be any more clear.

Prescottdanni123 · 12/06/2023 19:29

So, aborting a viable baby at 34 weeks because you don't want it is OK.

Giving birth to a baby at 34 weeks and then smothering it the next day because you don't want it is murder.

OK.

slashlover · 12/06/2023 19:29

JenniferBooth · 12/06/2023 19:25

I would like to know why she was too scared to tell her ex despite the baby being conceived while they were apart

I would assume he might not want to take on another man's child?

VitoCorleoneOfMNMafia · 12/06/2023 19:30

DisquietintheRanks · 12/06/2023 19:26

@VitoCorleoneOfMNMafia except she had 24 weeks in which to stop the fetus making use of her body. You could argue that extending the pregnancy beyond that point implies consent.

Consent must be revocable, otherwise it's not consent. If there comes a point in time after which the woman isn't able to back out and say "no, I'm not doing this any more", then she can't be said to be consenting after that point.

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