Prosecutors have dropped charges against a 22-year-old woman accused of carrying out a home abortion on herself.
Bethany Cox, of Stockton-on-Tees, Country Durham, was accused of using a drug to bring about the abortion in July 2020 – as the first lockdown ended.
She was charged with allegedly administering drugs with intent to destroy the life of a child that was capable of being born alive, in the knowledge it would lead to the termination of the pregnancy.
Ms Cox was also charged with administering a poison with intent to procure a miscarriage, between 2 July and 7 July 2020.
Some restrictions of the first lockdown were eased on 4 July 2020 in England, with pubs, restaurants, hairdressers allowed to reopen, but other restrictions remained including social distancing.
Ms Cox had previously denied the charges and was due to stand trial next week.
However, on Tuesday, prosecutors formally offered no evidence in the case due to “evidential difficulties” in rebutting Ms Cox’s defence statement and that there was “no longer a realistic prospect of conviction”.
Nicholas Lumley KC, representing Ms Cox, told Teesside Crown Court in Middlesborough that it was “beyond regrettable” that the case had reached such a late stage.
He told the court: “This is an extraordinary state of affairs where Bethany Cox gave birth to her child in July 2020.
“In the throes of grief, she was interviewed and gave an account telling the police what she had done.
“She was under investigation for three years, then prosecuted, then at the 11th hour, when the court and defence highlighted evidential difficulties… the defence statement echoes what she told police three years earlier, the evidential difficulties have always been there.
“The prosecution now accepts what she said to the police must have been right. That is beyond regrettable.”
Mr Lumley said a psychiatric examination had confirmed that the proceedings had had a “profound” effect on Ms Cox – who was not present at the hearing.
Judge Paul Watson KC formally found Ms Cox not guilty of the two charges.
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A CPS spokesperson said cases of this nature were “carefully considered” and that a prosecution would “only take place where the evidential standard has been met”.
“We have a duty to continuously review our cases to ensure that this standard continues to be met as each case progresses,” the spokesperson said.
“Following a further review of this case, we have concluded that our legal test is no longer met.”
Rachael Clarke, chief of staff at the British Pregnancy Advisory Service (BPAS), welcomed the withdrawal of the case.
“We are delighted that this case will not proceed to an unnecessary and gruelling trial.
“We hope that she can now begin to move on from this lengthy and no doubt emotional ordeal.”
