QLD Abotion Laws go to court

[Lazlow]

Don't know how prominent this news is elsewhere, but a Cairns couple will stand trial after arranging their own abortion by importing abortion drugs from Russia. (http://www.theage.com.au/national/couple-to-stand-trial-over-home-abortion-20090911-fkv0.html)

In Queensland abortion remains a criminal offence under provisions of the Queensland Act that date back to English Victorian times. Women can be criminally prosecuted for accessing abortion under Sections 224, 225 and 226 of the act. However Section 282 offers a defence for patient benefit or the preservation of the mother’s life.

To obtain an abortion here, a woman has to find a doctor who is prepared to say the abortion is needed to preserve her from serious physical or mental harm.

After the announcement the couple will go to trial, many public hosptials in Brisbane, Rockhampton and Mackay began refusing any and all abortion procedures, forcing women to go to Sydney.

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Whilst Pro-Choice campaigners are urging Anna Bligh to have this case dropped, and to have QLD's abortion laws changed, I don't think its so simple.

If what the article says is true, it appears the couple didn't even attempt to get a legal abortion through a public or private hosptial. By avoiding any form of medical assessment or advice, I feel they'll definitely find themselves with a weak defence.

[AranchineD]

Correct me if I'm wrong, but the case is less about the abortion itself at all, but more because they imported illegal drugs, and that's what they're actually (trying) prosecuting them on?

[HiredMan]

Abortion is still illegal in Qld? **** me, what a backward country we live in.

[Lazlow]

Correct me if I'm wrong, but the case is less about the abortion itself at all, but more because they imported illegal drugs, and that's what they're actually (trying) prosecuting them on?

The girl is on trial for intentionally procuring her own miscarriage, the boyfriend is on trial for supplying her the drugs to do it.

[AranchineD]

Ah, right-o then.

[Araenel]

While they probably would have still been charged for the same things as they are now if the abortion laws were different, it's a good chance to shine a light on it and have them changed.

[sausage]

The girl is on trial for intentionally procuring her own miscarriage, the boyfriend is on trial for supplying her the drugs to do it.


My god, what a backward state indeed. How traumatic for the couple involved to be put through this bullshit proceeding.

More public suffering through government ineptness and lack of respect for a woman's rights imo.

Shameful.

[texta]

Don't know how prominent this news is elsewhere, but a Cairns couple will stand trial after arranging their own abortion by importing abortion drugs from Russia. (http://www.theage.com.au/national/couple-to-stand-trial-over-home-abortion-20090911-fkv0.html)

In Queensland abortion remains a criminal offence under provisions of the Queensland Act that date back to English Victorian times. Women can be criminally prosecuted for accessing abortion under Sections 224, 225 and 226 of the act. However Section 282 offers a defence for patient benefit or the preservation of the mother’s life.

To obtain an abortion here, a woman has to find a doctor who is prepared to say the abortion is needed to preserve her from serious physical or mental harm.

After the announcement the couple will go to trial, many public hosptials in Brisbane, Rockhampton and Mackay began refusing any and all abortion procedures, forcing women to go to Sydney.

---------------------------------------------------

Whilst Pro-Choice campaigners are urging Anna Bligh to have this case dropped, and to have QLD's abortion laws changed, I don't think its so simple.

If what the article says is true, it appears the couple didn't even attempt to get a legal abortion through a public or private hosptial. By avoiding any form of medical assessment or advice, I feel they'll definitely find themselves with a weak defence.
Yeah I agree with you. On one hand I think this case raises real concerns about abortion laws in Qld and how the medical profession can interact with them, but at the same time the circumstances of this case are such that I think there needs to be some form of at least condemnation against the individuals charged.

While I definitely do think that women in Qld should have a legal option to access abortion services including RU486 and other drug based options, I equally think that there needs to be regulations on those drugs (and for that matter any other prescription drugs) and restrictions to their availability and use. In this case where the people involved have procured the drugs without medical advice or approval there has to be some kind of consequence, otherwise we might as well start selling it at the supermarket.

The problem is that while there should be laws against what they have done, there isn't really anything in the laws they've been charged with that protects doctors from authorising or performing drug induced abortions without escaping liability for the same charges. That's a pretty big concern.


And all that said, I expect that in whatever conviction the Judge hands down (assuming a guilty verdict), he'll take into account all the factors surrounding this and the sentence will be appropriate to the circumstances (which on the facts I would hope would be much less than 7 years in prison)