Abortion trial of Emily Stowe
From Wikipedia, the free encyclopedia
| Abortion law |
|---|
 |
| Part of the abortion series |
| History & overview |
| Case law |
| History of abortion law |
| Laws by country |
| Types of regulation |
| Buffer zones |
| Conscience clauses |
| Informed consent |
| Fetal protection |
| Parental involvement |
| Spousal consent |
The abortion trial of Emily Stowe was a famous early Canadian judicial decision on abortion in Canada. The case involved Dr. Emily Stowe, Canada's first female doctor. Stowe was acquitted, which was a rare outcome for abortion trials in the nineteenth century.[1]
Contents |
[edit] Background
The case began after one Sarah Ann Lovell, an unmarried teenager, was found dead in August 1879. It was discovered after she had died that she had been pregnant. Furthermore, she had been a patient of Dr. Stowe. Dr. Stowe claimed she had first resisted performing an abortion, but Lovell seemed emotionally distressed and threatened suicide. (As this was before the quickening, an abortion at this stage would be seen by some as more legitimate.)[2] Lovell could have been turned over to the authorities. However, an apparently conflicted Stowe wound up recommending drugs (hellebore, cantharides, and myrrh) that while allegedly capable of aborting the fetus, were recommended in such a small dose it might have been intended as a placebo. Stowe herself claimed it was a mere placebo.[3]
While it is unlikely that Stowe was pro-choice, this view of her was pushed by those who saw her as responsible for Lovell's death.[4] The case soon achieved fame.[5] A jury for the coroner wound up deciding Lovell was poisoned by drugs meant for an abortion, but they blamed Lovell and/or unidentified people rather than Stowe.[6]
[edit] Trial
Afterwards, the Crown indicted Stowe for performing an abortion, which had been outlawed since 1869. Stowe could have gone to prison for life for this. The intent was to discourage abortion in a widely publicized trial.[7] Stowe pleaded not guilty in an Ontario County Court. The coroner was called to testify, and he confessed he had lost all medical evidence.[8] Another doctor was accused of being antagonistic to Stowe because she was a woman doctor, and of calling Stowe a "bitch."[9]
Finally, the defence under Dalton McCarthy argued that abortion drugs may have been recommended, but Stowe did not perform an abortion herself. While prescribing such drugs could also be a crime, Stowe had not been charged with it. Moreover, it was possible that a person would disregard such a prescription.[10] The judge agreed and wound up deciding the jury need not even decide the case, as there was no case against Stowe to make. The judge also questioned whether women should be doctors.[11] However, the anti-woman sentiment among Stowe's opponents might have been so extreme and offensive that it helped Stowe's case.[12]
[edit] See also
[edit] References
- Constance B. Backhouse, "The Celebrated Abortion Trial of Dr. Emily Stowe, Toronto, 1879," Canadian Bulletin of Medical History/Bulletin canadien d'histoire de la médecine, Volume 8: 1991, pages 159-187.
