Rex v Bourne
Rex v Bourne was a landmark legal case in the United Kingdom that took place in 1938. It was significant in the history of abortion law in the UK, as it set a precedent for the legal justification of abortion on the grounds of preserving the mental and physical health of the mother.
Background[edit | edit source]
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In the early 20th century, abortion was largely illegal in the United Kingdom under the Offences Against the Person Act 1861. However, the case of Rex v Bourne challenged the strict interpretation of the law. The case involved Dr. Aleck Bourne, a respected obstetrician and gynaecologist, who performed an abortion on a 14-year-old girl who had been raped by soldiers.
The Case[edit | edit source]
Dr. Bourne was charged with procuring an abortion, a criminal offence under the law at the time. The trial took place at the Central Criminal Court, commonly known as the Old Bailey. The presiding judge was Sir Malcolm Macnaghten.
During the trial, Dr. Bourne argued that the abortion was necessary to preserve the mental and physical health of the young girl, who was severely traumatised by the rape. The defence was based on the interpretation of the law that allowed for exceptions in cases where the life of the mother was at risk.
Judgment[edit | edit source]
The jury acquitted Dr. Bourne, accepting the argument that the abortion was performed in good faith to preserve the health of the girl. This verdict effectively broadened the interpretation of the law, allowing for abortions to be performed legally if the mental or physical health of the mother was at risk.
Impact[edit | edit source]
The case of Rex v Bourne was a turning point in the legal history of abortion in the UK. It set a precedent that influenced future cases and eventually led to the Abortion Act 1967, which legalised abortion under certain conditions. The case highlighted the need for legal reform and greater clarity in the law regarding abortion.
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