A Perthshire mum whose dedicated campaign to introduce better legal safeguards for pregnant women who are victims of violence could see her calls become integrated into existing domestic abuse laws.
Nicola Murray set up a petition last year to introduce an Unborn Victims of Violence Act – or Brodie’s Law – to create a specific offence that enables courts to hand down longer sentences for perpetrators of domestic violence that causes miscarriage.
The Stanley native suffered three tragic miscarriages at the hands of violent ex-partners, where in one shocking incident she was knocked her over by a car driven by a former partner when she was just six weeks’ pregnant.
To help those who have suffered like her she created women’s support group Brodie’s Trust, with the trust and the law named after her unborn baby boy who died during her second miscarriage.
Nicola’s work with countless women in similar situations propelled her to petition the Scottish Parliament in 2021 to campaign for improvements in the law.
But following a debate around the bill at the latest Citizen Participation and Public Petitions Committee meeting in November, a consensus was reached that perhaps it would be more beneficial as an amendment to the Domestic Abuse (Scotland) Act 2018.
Committee member Glasgow MSP Paul Sweeney agreed with evidence from previous medical evidence give by a nominated healthcare professional, who suggested this move “would be a smoother and more coherent remedy”.
His peer Fergus Ewing MSP concurred, also calling Nicola’s evidence presented earlier this year as “profoundly moving and extremely effective”.
The committee convener, Jackson Carlaw, agreed with both MSPs stating the best outcome would be to discuss a “specific charge” to be included in the 2018 act.
He added that a presentation will be prepared for consideration by the Scottish Government, to see if the amendment will be adopted.
A further chamber debate will be held on a yet-to-be-confirmed date in 2023 to add clarity to the amendment in conjunction with the existing 2018 act and to formulate a succinct recommendation for consideration.
Laws in other parts of the UK are currently stronger in relation to the offence of child destruction as an aggravating factor, but in Scotland it is not defined in law.
In England and Wales, an offender could be jailed for as much as 15 years.
Following the meeting, Nicola was pleased to hear that her legislation campaign could become part of existing reform, with the introduction of a new Brodie’s Law now looking unlikely.
“I definitely feel within domestic abuse law it is the best place for this as it is another form of domestic violence and we need to ensure there are no unintended consequences to women and that we protect reproductive autonomy,” she said.
She added she is “very optimistic” given the clear cross-party support, which also included Mid Scotland and Fife MSP Alexander Stewart.
“If nothing else, at least I’ve got this subject out there,” she added.
“People are talking about the subject, more. And more women are coming forward because like me they’d felt it had only happened to them, they felt alone until someone else spoke up and said ‘me too’.
“Those moments are powerful. The acknowledgment that others know what you’ve been through, that they understand, that solidarity in sisterhood.
“It was a taboo subject - a hidden part of domestic abuse.
“Now more people know about it. Some are shocked that this sort of thing happens and some know all to well because it’s happened to them or someone they know.”
To contact Perthshire Women’s Aid visit www.perthwomensaid.org.uk or call 01738 635404. Brodie’s Trust can be found at www.facebook.com/brodiestrust
