When it emerged last year that six women had been prosecuted in Great Britain for procuring abortions, that was a little more than a blip: it was twice as many women, in a single year, as had been taken to court in the previous 160 years combined. Behind those cases, of course, there’s an unknown number of women who were investigated but cleared, so their phones were seized, they were prevented from contact with their children, they were questioned under caution with the possibility of life imprisonment when they’d just had a miscarriage. All these women lived, if not their worst, then surely their most medieval, nightmare, and some are living it as we speak.
The natural question was: what the hell was going on? Had the police lost their minds? (When the Guardian asked one force about its actions last year, it chose to lie about them, which surprised me.) Was the director of public prosecutions anti-abortion? (Max Hill KC declined to comment.) Had medics suffered some kind of group amnesia around patient confidentiality? (The police generally become involved only when they’re alerted by a doctor or midwife.) All that is still possible, but when I spoke to the campaign organisation Doctors for Choice, it exhibited the kind of pragmatism you look for in a doctor. Never mind the finger-pointing – change the law. Abortion should not be in the criminal code at all. Life imprisonment is the harshest penalty for illegal abortion in the world, which gives England and Wales the dubious distinction of being more severe than Syria, Poland, Texas and South Sudan.
