Increasing numbers of women in the UK are being investigated by police on suspicion of having illegal abortions.
The latest Home Office data shows recorded crimes for abortions rose from 28 in 2020 to 40 in 202 and were up from just 8 cases in 2012.
Jonathon Lord, medical director of MSI Reproductive Choices, one of the UK’s leading abortion providers, warned the rise was “very disturbing and chilling”.
The most recent government data includes recorded crimes for the three separate charges of procuring an illegal abortion, the intentional destruction of a viable unborn child and concealing an infant death pre-birth. While the first two charges are punishable by life imprisonment, the latter carries a three-year prison sentence.
Dr Lord, the co-chair of the British Society of Abortion Care Providers, noted the first of these charges dates back to 1861, while the second was created in 1929, and the third also originates from 1861.
He added: ”These archaic laws are completely unfit for purpose and we are calling for them to be repealed and for abortion care to be managed through healthcare regulation like every other medical treatment. Abortions are unique in that they are criminalised.”
Dr Lord explained some of the cases included in the government data were likely to be appropriate and relate to investigations into abusive partners forcing a woman into having an abortion but said “we fear most cases will involve investigations into women”.
He added: “It does seem to be an upward trend. It is very disturbing and chilling. Women face the cruelty and distress of being investigated after a pregnancy loss or after ending their pregnancy, often waiting for years to know whether they will be charged and face trial.”
Dr Lord, a consultant gynaecologist at the Royal Cornwall Hospitals NHS Trust, said the increasing number of investigations was an “unfortunate” by-product of the fact “increasing numbers of women are opting for medical abortions” – warning this has meant “suspicions have been raised with prosecutors and police”.
A medical abortion involves taking two pills, while a surgical abortion involves a medical procedure under general or local anaesthetic.
Prior to the pandemic, getting the first abortion tablet, mifepristone, required a visit to an abortion clinic. But due to Covid restrictions, the government allowed the medication to be sent by post to be taken at home after a phone consultation, a system referred to as “telemedicine”. While abortions are safe, it is better to have the procedure earlier on in the pregnancy.
Government data shows 14 per cent of abortions were medical in 2002, while 87 per cent of abortions were medically induced in 2021.
Dr Lord noted that as awareness of medical abortions has grown, pregnancy losses have been treated with increasing suspicion due to the awareness someone may have been able to induce an abortion by themselves.
He added: “The law was originally created when medical abortion didn’t exist. It was there to protect women against backstreet surgical abortions which are always going to be unsafe, whereas medical abortions are obviously designed to be safe.
“The same law still applies. Having a medical abortion at any stage in the pregnancy is usually safe.”
Dr Lord called for healthcare professionals not to report women they suspect of having illegal abortions to the police – warning that doing so breaches patient-doctor confidentiality agreements as well as damaging women’s trust in doctors.
He believed the rise in investigations has been “fuelled” in recent years by “abortion opponents” being “so vehemently against abortion at home”.
Dr Lord added: “The first thought from the authorities if there is an unusual stillbirth, which could well have happened completely naturally, maybe that it could have been induced by abortion pills.
“It has a chilling effect on how willing patients are to seek healthcare and how much they can trust medical teams. They then think information they give in confidence could be used against them and forwarded to the police.”
