Suspended sentence for woman found guilty of abortion

A woman has been handed a suspended sentence after being found guilty of having an abortion. 

The woman had been accused of having had an abortion in January 2024.

The woman had gone to Mater Dei Hospital following heavy bleeding. When she was being seen to by the medics, the woman said she had taken medicine to terminate the pregnancy. An ultrasound showed 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.

From the evidence, it transpired that a doctor filed a police report about the case on the advice of Mater Dei's legal department. 

The doctor explained that the woman was seen on January 22, 2024, due to heavy bleeding. The woman allegedly told the doctors she had taken something to terminate the pregnancy and that an ultrasound showed an empty uterus.

The doctor insisted the accused was pregnant; however, he could not say how the pregnancy was terminated.

He said that urine tests can remain positive for weeks after a pregnancy, adding that the accused had admitted to having an abortion, but not directly with him. 

He also testified that he was informed of the case, and was legally obliged to report it.

Another doctor also testified that he had been informed about a patient who had heavy bleeding after taking pills that caused the abortion. Only one of the doctors identified the accused in the courtroom.  

The court observed that abortion is “absolutely prohibited” under Maltese law and any act which a woman performs on herself to terminate a pregnancy, irrespective of the viability of the foetus, is criminalised.

It then reminded that the constitutive elements of the offence require a physical act to terminate pregnancy and the specific intention to terminate the pregnancy.

The court delved into the level of proof required in criminal proceedings to find a person guilty, noting that the prosecution has to prove its case beyond a reasonable doubt.

The court also observed that, according to the Criminal Code, the testimony of one witness alone, if believed, can be sufficient for the court to find guilt. 

'Woman denies taking pills, knowing she was pregnant'

In this particular case, the court noted that the woman denied taking pills when interrogated by the police. She also denied knowledge of being pregnant at the time.

The woman insisted that she had gone skiing and fallen several times. The court observed that the defence had argued that this was probably a miscarriage following a skiing holiday, which resulted in a spontaneous miscarriage and which then caused the bleeding. 

From the evidence brought forward by the prosecution, it emerged that the woman’s period stopped in November 2023 and she had a positive pregnancy test.

This emerged from the testimony of police inspector John Sammut, who testified on what the woman had told doctors. 

A doctor testified that the accused took a number of pills on January 4, 2024, to terminate the pregnancy.

The woman was admitted to Mater Dei Hospital following heavy bleeding on January 22. She was admitted for one night under observation.

While in the hospital, a pregnancy test was done, and it resulted positive. However, an ultrasound showed an empty uterus with no sign of a pregnancy. 

The court held that the woman was pregnant and aware of the fact that she was pregnant.

It also held that the woman confessed to the doctor that she had taken pills to terminate her pregnancy, and therefore, this showed the specific intention to terminate the pregnancy.

The court held that the defence had brought no evidence to show that the pregnancy had been terminated due to a natural miscarriage or that the termination was attributable to any other factor which was out of the woman’s control.

The court handed the woman an 18-month prison term, suspended for three years. 

It is understood that the case will be appealed. 

In July 2025, another woman was handed a suspended sentence after pleading guilty to having an abortion.

Magistrate Monica Vella presided. 

Police inspector John Sammut and Dorianne Tabone prosecuted.

Lawyers Emma Portelli Bonnici and Martina Caruana assisted the accused.