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Brianna Chesser, Associate Professor in Criminology and Justice, RMIT University

In parts of Australia, unborn babies aren’t legally seen as people. Here’s why that needs to change

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In October 2023, a Victorian woman, Elodie Aldridge, was driving home from a midwife appointment when her car was hit by a four-wheel drive. Aldridge was 34 weeks pregnant with her son, Remi. She suffered significant injuries including a broken wrist, hip and pelvis. Her son Remi died in utero.

Under current laws in most states and territories, the life of an unborn child is legally indistinguishable from that of the mother. In Victoria, the only criminal charge available for such an offence is “serious injury to the mother”.

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