Woman convicted of abortion suffers from mental health issues, has abusive partner

The woman convicted for carrying out an abortion suffers from mental health problems, and is in an abusive relationship, according to details that emerge from the court sentence.

On Thursday, the woman was handed down a conditional discharge by the court, after she was charged and convicted with carrying out an abortion, in what is a very rare case in Malta.

The court heard how the woman, who has an abusive partner, already has a young son, and did not want to have another child. The accused pleaded guilty to the charges and was conditionally discharged for three years by Magistrate Rachel Montebello, who said a prison sentence was not in the woman's best interest.

The prosecution officer also told the court the accused was taken to Mater Dei Hospital after a number of abrasions were noted on her person.

It was also revealed that it was the woman’s partner who had reported her to the authorities.

The court’s sentence confirmed the abortion was carried out on a foetus which was “a few weeks old.” The court also heard testimony about the woman's mental health conditions.

During police investigations, the woman had admitted carrying out the medical abortion and cooperated fully with the authorities.

The court noted that while her situation does not excuse her actions, as she could have sought help to address her emotional and mental state instead of opting for the “extreme measure” she chose, such cases should be treated with "extreme sensitivity" at every level.

In delivering her judgment, the magistrate took into consideration that the accused has a young child to take care of, and a clean code of conduct.