My Abortion and Miscarriage: Why a 19th-Century Law Still Terrorizes Women Today
My Abortion and Miscarriage: Why a 19th-Century Law Still Terrorizes Women Today
Two of the hardest moments of my life involved pregnancy loss. One was a miscarriage, completely out of my control. The other was an abortion, a deeply personal choice. Both experiences, however, were overshadowed by a terrifying reality: under a law dating back to 1861 – before women even had the right to vote – I could be treated as a criminal.
My miscarriage was sudden and agonizing. Alone and bleeding, I feared for my life. Yet, the most frightening thought wasn’t the physical pain, but the possibility of being investigated for an illegal abortion. The 1861 Offences Against the Person Act allows for police investigations into miscarriages and stillbirths, with potential life imprisonment.
This isn’t hypothetical. A 15-year-old girl underwent an invasive digital strip search after suffering a stillbirth, only to have the case dropped when tests revealed natural causes. This law casts a shadow of fear over every woman experiencing pregnancy loss.
My abortion, while legal, was equally terrifying. Severe bleeding led to a hospital visit, leaving me vulnerable and humiliated. The fear of legal repercussions, despite being well within the legal time limit, was overwhelming. What if I’d miscalculated? What if someone reported me?
This fear is justified. Nicola Packer, wrongly accused of illegal abortion, spent five years clearing her name. At least 17 women in England and Wales have faced investigations since 2012, with six prosecuted in the last three years alone. BPAS has received almost 100 police requests for patients’ confidential records.
The 1967 Abortion Act offers a legal defense, but it doesn’t decriminalize abortion. It remains punishable by life imprisonment. This archaic law, older than the NHS and women’s suffrage, is a constant threat. It’s time for change.
This week, MPs have a chance to vote on an amendment to decriminalize abortion. This isn’t about changing access or time limits; it’s about recognizing abortion as healthcare, not a crime. It’s about ensuring no woman faces investigation or punishment for a miscarriage or for choosing to end a pregnancy.
Join the End 1861 campaign. Contact your MP and demand they vote to decriminalize abortion. Let’s ensure no one else endures the terror of being investigated for simply surviving.
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