General Article Abortion prison sentence shows the law is focused on foetuses – why that’s dangerous for women

Topic Selected: Abortion Book Volume: 438

Abortion prison sentence shows the law is focused on foetuses – why that’s dangerous for women

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Emma Milne, Durham University

The imprisonment of a woman in the UK for taking abortion pills at 32-34 weeks of pregnancy has shocked many. Most people are still unaware that abortion at any stage of pregnancy is illegal in England and Wales, unless authorised by two doctors.

Any woman who obtains abortion medication from sources other than an official provider faces the prospect of life imprisonment under the Offences Against the Person Act 1861. As does any woman who uses legally obtained medication in any way other than as directed, for example, delaying taking the medication.

Abortion (or “procuring a miscarriage”) was made a criminal offence to protect women from the dangers that backstreet abortion posed in the 1800s. At this time, all abortions were surgical abortions. There were no antibiotics, and few remedies if the procedure caused uncontrollable bleeding.

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