Outrage at suspended sentence for woman found guilty of abortion
Voice for Choice said the sentence 'highlights the dangerous reality of keeping abortion within Malta’s criminal law'
A coalition of pro-choice organisations has reacted with outrage to a woman being handed a suspended sentence yesterday after being found guilty of having an abortion.
In a statement Thursday, Voice for Choice – comprised of 10 NGOs – said the case “highlights the dangerous reality of keeping abortion within Malta’s criminal law” and called on the prime minister to “recognise the trauma of these proceedings”.
Noting that the woman in Wednesday's case had been reported to authorities by a hospital doctor, following medical complications, the group stressed there was “no legal obligation for doctors to report patients in relation to abortion”.
“Crucially, there is no scientific or medical way to assess if a miscarriage occurred voluntarily or involuntarily”, the statement read.
“By keeping abortion in the criminal code, the state is creating a situation where even women suffering from a miscarriage are now potential suspects in the eyes of the law.”
The coalition charged the criminal justice system with perpetuating a “cycle of state-sanctioned harm”.
The woman featured in Wednesday's court case was accused of having an abortion in January 2024. After visiting Mater Dei complaining of heavy bleeding, she told medics she had taken medicine to terminate a pregnancy, with an ultrasound showing an empty uterus at the time of admission.
The prosecution alleged that there was a pregnancy, but could not determine the reason for its termination. The woman was handed an 18-month prison term, suspended for three years.
'Gross misinformation'
Commenting on the case, Voice for Choice said the doctor had been “wrongly advised” by the hospital’s legal team that there was a duty to report the case to police, and that the hospital had “breached the trust of its patients” as a result.
“We call out the Mater Dei legal office, the Malta Medical Council and the Ministry for Health for allowing this gross misinformation to permeate through the legal sphere, and we call out the courts who saw fit to sentence a woman so harshly.”
It added that another woman had been prosecuted in 2023 after being reported to police by an abusive partner.
The coalition said doctors were not aware of there being no legal obligation to report abortions to the police, due to the health ministry not issuing clear guidelines, an oversight the organisations said was “unacceptable”.
They also called on Prime Minister Robert Abela – who they said had “repeatedly claimed that ‘no woman should go to prison’” for an abortion – to recognise the trauma of such cases.
'Noose around their neck'
While not an immediate prison term, a suspended sentence is a “hefty punishment that stains a person's police conduct and hangs like a noose around their neck for three years,” the groups said.
“No one should ever be reported to the police, let alone be charged and convicted, for doing what is best for their bodies and their lives”, Voice for Choice emphasised.
“It is time for a change. Decriminalising abortion is the only ethical, compassionate, and just path forward to ensure no one else in Malta suffers under this unjust system.”
The coalition added that those experiencing complications from abortions did not have to inform medical professionals: “The symptoms and treatment are identical to those of a miscarriage. Reach out to the Abortion Doula Support Service for medical information”.
Two weeks ago, the European Commission said EU countries can “voluntarily and in accordance with their national laws” use an existing social fund to provide women from across the bloc access to abortions, following a petition by campaigners.
The commission stopped short of allocating additional funds for access to the procedure, however, and its announcement was greeted positively by pro-choice campaigners and criticised by anti-abortion voices, who argued the commission had not acceded to activists’ wishes.
A Times of Malta analysis of the announcement shows that while Malta is not required to change its abortion laws or to use EU funds to support abortion access, the move could benefit women seeking abortions abroad – depending on whether other member states choose to use the social fund identified by the commission for that purpose.