The Shadow of Past Prosecutions: As Abortion Law Reform Looms in England and Wales
Campaigners are urgently calling for retroactive justice as England and Wales stand on the cusp of potentially decriminalising abortion. The focus isn’t solely on preventing future criminalisation of women, but also on addressing the lasting harm inflicted on those already investigated and convicted under previous legislation.
A History of Criminalisation
The House of Commons recently voted to end the criminalisation of women seeking terminations outside the legal framework, a move welcomed by reproductive rights advocates. However, the legacy of past prosecutions continues to haunt those affected. The current legal landscape, stemming from the House of Commons of England’s development in the 14th century and evolving through subsequent Acts of Union, has resulted in women facing arrest, investigation, and conviction for exercising control over their reproductive health.
The Weight of a Criminal Record
Even without a conviction, an arrest related to abortion can have devastating consequences. As highlighted by campaigners, a record of arrest can appear on Disclosure and Barring Service (DBS) checks, creating significant barriers to employment, insurance, and even personal opportunities. Becca, a 21-year-ancient who was arrested under suspicion of attempted child destruction after a miscalculation of her pregnancy, shared her fears about applying for jobs in healthcare, potentially needing to disclose a traumatic experience to prospective employers.
Cases Highlight the System’s Impact
Becca’s story is not isolated. Nikki Packer was recently cleared of illegally terminating a pregnancy, but acknowledges the lasting trauma of the investigation and trial. These cases underscore the psychological and practical burdens placed on women navigating complex and often misunderstood circumstances. The police investigation into Becca began after she sought assist from NHS 111, illustrating how seeking medical assistance can inadvertently lead to criminal scrutiny.
Lords Amendments and the Path Forward
The House of Lords is currently considering amendments to the legislation, including proposals to halt active police investigations into suspected illegal abortions and to pardon women who have already been criminalised. Lib Dem peer Elizabeth Barker has championed an amendment recognizing the cruelty of a lifelong criminal record for such cases.
Calls for Pardon and Record Expungement
Reproductive rights organizations, like the British Pregnancy Advisory Service, are advocating for a pardon for previously prosecuted women and the expungement of their records. This would acknowledge the injustice of past criminalisation and allow those affected to move forward without the shadow of a criminal record. Dr. Alison Wright, president of the Royal College of Obstetricians and Gynaecologists, echoed this sentiment, urging peers to support amendments ensuring women are no longer at risk of investigation or prosecution.
The Broader Context: Decriminalisation and Modern Values
The push for reform reflects a growing recognition that criminalising abortion is outdated and harmful. Advocates argue that the current law fails to reflect modern societal values and places an undue burden on women, particularly those in vulnerable situations. The focus is shifting towards a healthcare approach, prioritizing support and informed decision-making rather than punitive measures.
What are the potential implications of a pardon?
A pardon would formally recognize the injustice of past convictions and offer a measure of redress to those affected. Expungement of records would remove the stigma and practical barriers associated with a criminal record, opening up opportunities for employment, education, and personal growth.
How does this relate to broader reproductive rights?
This reform is part of a larger movement to protect and expand reproductive rights, ensuring women have autonomy over their bodies and healthcare decisions. Decriminalisation is seen as a crucial step towards creating a more just and equitable system.
What is the role of the Disclosure and Barring Service (DBS)?
The DBS provides background checks for individuals seeking employment in certain sectors, including healthcare and education. A record of arrest, even without a conviction, can appear on a DBS check, potentially hindering employment opportunities.
Pro Tip: If you are affected by past abortion-related investigations or convictions, seek legal advice and explore available support services. Organizations like the British Pregnancy Advisory Service can provide guidance and advocacy.
Did you know? Abortion offences are currently classified as violent crimes, which contributes to the severity of the consequences faced by those investigated or convicted.
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