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Concealment of Birth: Time to Repeal a 200-Year-Old “Convenient Stop-Gap”?

Milne, Emma

Concealment of Birth: Time to Repeal a 200-Year-Old “Convenient Stop-Gap”? Thumbnail


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Abstract

Feminists have long argued that women who offend are judged by who they are, not what they do, with idealised images of femininity and motherhood used as measures of culpability. The ability to meet the expectations of motherhood and femininity are particularly difficult for women who experience a crisis pregnancy, as evident in cases where women have been convicted of concealment of birth. The offence prohibits the secret disposal of the dead body of a child, to conceal knowledge of its birth. Traditionally used to prosecute women suspected of killing their newborn children, analysis of court transcripts suggests the offence is also used to punish women who fail to meet expectations of motherhood. This paper analyses three contemporary cases in light of the historical origins of the offence, illustrating the legacy of prejudice against ‘deviant’ mothers. Finally, it questions the continued existence of this archaic offence.

Citation

Milne, E. (2019). Concealment of Birth: Time to Repeal a 200-Year-Old “Convenient Stop-Gap”?. Feminist Legal Studies, 27(2), 139-162. https://doi.org/10.1007/s10691-019-09401-6

Journal Article Type Article
Acceptance Date Mar 8, 2019
Online Publication Date May 11, 2019
Publication Date 2019-07
Deposit Date Sep 17, 2020
Publicly Available Date Oct 8, 2021
Journal Feminist Legal Studies
Print ISSN 0966-3622
Electronic ISSN 1572-8455
Publisher Springer
Peer Reviewed Peer Reviewed
Volume 27
Issue 2
Pages 139-162
DOI https://doi.org/10.1007/s10691-019-09401-6
Related Public URLs http://eprints.mdx.ac.uk/26326/

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