Woman walks free from court after illegal abortion charges dropped

Sophie Harvey had previously stood trial accused of procuring her own miscarriage when she was 19.

Author: Harry LongPublished 18th Dec 2024

A woman from Gloucestershire has walked free from court after prosecutors accepted she did not illegally abort her baby with the help of her boyfriend from Swindon.

Sophie Harvey had previously stood trial accused of procuring her own miscarriage when she was 19.

Prosecutors had alleged she took the medication after learning she was 28 weeks pregnant - meaning she could not get a legal abortion in England

25 year-old Harvey, of St Mary's Road, Cirencester, and her boyfriend Elliot Benham, of Wingfield, Swindon, always accepted they had purchased abortion pills online - But Harvey insisted she had never taken them and had instead given birth to a stillborn child.

The couple had stood trial at Gloucester Crown Court in May of this year, but the jury was discharged by a judge after inaccurate reports of the proceedings by the BBC.

they both admitted a new charge of conspiracy to procure a poison with intent to procure a miscarriage at a hearing on Wednesday..

They had also both previously admitted a charge of concealing the birth of a child.

In mitigation, Tom Godfrey, representing Harvey, said: "It is a great shame that this matter has not resolved itself much, much earlier.

"The investigation took over five years and it was not until 2023 that she was charged, which on any view is an unacceptable amount of time.

"This prosecution has had an enormous and profound effect upon her."

Clare Evans, representing Benham, said: "He knows this was an unavoidable set of circumstances which they then dealt with very badly.

"It is something he finds very difficult to talk about."

Passing sentence, Judge Ian Lawrie KC, the Recorder of Gloucester, imposed 18-month community orders on the pair.

In addition, Harvey was given a mental health treatment requirement, while Benham was told to complete 150 hours of unpaid work. Both were told to pay a £114 surcharge.

Passing sentence, Judge Lawrie said: "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, and that small child was treated by being wrapped in a towel and placed in a bin.

"What it means is there was an absence of compassion and humanity."

The judge added: "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."

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

A spokesperson said: "We recognise the profoundly painful circumstances surrounding this case, which our prosecutors have approached with sensitivity and care.

"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."

A spokesperson for Gloucestershire Police said: "This was a really sensitive and difficult case, which has been upsetting for all involved.

"After concerns had been raised to police by a healthcare professional, we had a duty to establish what had happened and carry out a full and impartial investigation.

"We then provided evidence to the Crown Prosecution Service for them to decide whether a prosecution should be brought.

"Two people have pleaded guilty to offences and have been sentenced in court."

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