Does Carla Foster belong in jail? For the past few days, the question has divided the United Kingdom. The debate is coming to British homes, to Parliament, to the press. Some are shocked to learn that in the 21st century abortion can be a criminal offence. Others hold that a child was killed. Finally, the undecided believe that the Carla Foster case is complex.
On June 12, the judge of the criminal court of Stoke-on-Trent, in the north of England, condemned Carla Foster, 44, to 28 months in prison, including 14 closed, in view of a law dating from 1861 , for causing an abortion illegally. Such a sentence is rare in a country that legalized abortion in 1967.
What are the facts ? Carla Foster, mother of three, became pregnant at the end of 2019. She moved in with her ex-boyfriend at the start of the first confinement, while she was carrying another man’s baby. The Brit tries to hide her pregnancy and seeks to obtain abortion pills. In the United Kingdom, abortion is legal during the first 24 weeks of pregnancy except in specific cases.
The pandemic brings a major change: women can have an abortion without going to the clinic. Pills can be sent by post after medical teleconsultation, provided that the pregnancy is less than ten weeks old. On May 6, 2020, Carla Foster misled the BPAS (British Pregnancy Advice Services) about the progress of her pregnancy. Five days later, she swallows the drugs. The ER soon after receives a call: she is about to give birth. The child is born during the phone call. He was not breathing and was pronounced dead soon after by emergency services. A post-mortem examination estimated between 32 and 34 weeks the period of pregnancy.
Paradoxically, in his judgment, Judge Edward Pepperall recognizes the state of “emotional turmoil” of the defendant, “ridden with guilt”, plagued by nightmares and flashbacks of the face of her dead child. He calls her a “good mother” to her three boys, one of whom has “special needs”, and who would “suffer from being imprisoned”. The day before her sentencing, Carla Foster wrote this message on Facebook: “No one has the right to judge you, because no one knows what you have been through. »
On Saturday, hundreds of protesters, mostly women, gathered outside the Royal Courts of Justice in central London to denounce “a cruel and outdated law”. “Free Carla Foster!” they intone. “We fought for women’s rights,” Sue said. I’m 65 today, who would have thought I had to go back to the streets? Ridiculous ! Her friend Caroline says she watches with horror what is happening in the United States. “It is possible that opposition to abortion is gaining ground here. All our progress would then be reduced to nothing. »
Christian and pro-life associations, which believe that it is up to the judge to determine the sentence, did not organize a demonstration. They especially advocate the prohibition of pills sent by post, like March for Life. “In my view, intentionally taking the life of an innocent child should carry some penalty,” said Isabel Vaughan-Spruce. But the greatest guilt lies with those who allow this to happen so easily. The law was poorly crafted and abortion services are now pushing for abortion without limits. Does human life mean nothing to them? »
These “abortion services”, along with many representatives of the medical profession, sent a letter to the judge before Carla Foster’s sentencing, emphasizing the major advances that telemedicine offers patients. And arguing that a prison sentence would discourage women from turning to the practice. The judge didn’t like it. He dismisses the criticism and replies that his job is to enforce the law. Instead, doctors should “lobby Parliament to change the law.”
Under a bright sun, pro-abortion demonstrators begin a march to Westminster. “Reproductive health has changed, society has changed,” said Emma Chan, who works with mental illness. We need reform. Immediately. Many MPs, from all political stripes, have also called for change. Downing Street said only that current legislation strikes a “balance between a woman’s right to access safe and legal abortions and the rights of an unborn child”.
A few hundred meters from Big Ben, a parade with great fanfare takes place on Saturday afternoon in honor of King Charles III. It is perhaps in his hands that the fate of Carla Foster is held. This week, the possibility of a “royal pardon” was indeed raised in the House of Lords.