Abortion prosecution: Police accused of putting grieving woman through ‘inhumane ordeal’

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Abortion providers have accused police and prosecutors of subjecting a woman to an “inhumane ordeal” after she was pursued through the courts in the years after she gave birth to a stillborn child.

Sophie Harvey, 25, walked from court last Wednesday with a community order for buying abortion pills online after the prosecution set aside charges relating to an allegation she had illegally aborted her baby.

Ms Harvey and her boyfriend Elliot Benham had stood trial in Gloucestor Crown Court in May, with prosecutors initially alleging she took abortion pills after learning she was at 28 weeks and five days gestation, beyond the legal cut-off for an abortion in England.

While they accepted they’d bought the pills, Ms Harvey insisted she had never taken them and had instead given birth to a stillborn child in the bathroom of her home in Cirencester, Gloucestershire, in September 2018. She described how she was left upset and confused after going into labour at home and wrapped the baby in a towel before placing it into the bin.

The pair admitted to a charge of concealing the birth of a child, but denied procuring a poison, procuring a miscarriage by poison and perverting the course of justice, were ordered to lie on file.

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Heidi Stewart, chief executive of UK abortion provider British Pregnancy Advisory Service, warned of the “injustice of a system that has pursued a vulnerable individual so relentlessly” even though there was a lack of evidence.

“For over six years, this woman has been subjected to an inhumane ordeal by the police and CPS, only for them to now concede that they had no evidence to substantiate the most severe allegations against her,” she told The Independent.

Louise McCudden, of UK abortion provider MSI Reproductive Choices, said: “Whatever you feel about abortion, it’s not in the public interest for anyone to be prosecuted for ending their own pregnancy. These Victorian laws have been on the statute books for a century and a half – and have real consequences today.”

The jury was earlier disbanded by the trial judge following an application by the pair’s lawyers who cited inaccurate reports of the proceedings by the BBC.

Following the collapse of the trial, prosecutors had sought a new trial, and a date had been fixed for February next year. But at a further hearing on Wednesday, a new charge of conspiracy to procure a poison with intent to procure a miscarriage was put to them, which they both admitted.

The Crown Prosecution Service said it decided not to pursue charges alleging that Ms Harvey had illegally aborted her baby following “careful reflection”.

“We recognise the profoundly painful circumstances surrounding this case, which our prosecutors have approached with sensitivity and care,” a spokesperson said. “Our duty is to apply the law set by parliament impartially – especially when dealing with the most difficult or complex decisions.

“The defendants have pleaded guilty to two offences, and after careful reflection we have concluded that it is not in the public interest to pursue further charges.”

Judge Ian Lawrie KC, the Recorder of Gloucester, imposed 18-month community orders on the pair. In addition, Ms Harvey has been required to seek mental health treatment, while Mr Benham was told to complete 150 hours of unpaid work.

“I am sadly too familiar with your case. I am familiar with the background and what took place. It has been a long and painful journey. The baby was stillborn in a bathroom and a life was sadly lost. The loss of that life was a tragedy,” Judge Lawrie said.

“The impact upon your lives has been traumatic and I am sure this will continue for some time. If you can, and I doubt it, put it all behind you and get on with your lives.”