‘Any Poison or Other Noxious Thing’ : Testing And Evidence In Criminal Investigations Of Self-Managed Abortions In Great Britain
Funding
Funded by the KCL Social Science and Public Policy Faculty Research and Impact Fund, this project runs between January and July 2025. Functioning as “proof of concept”, this pilot study will contribute to a larger grant application.
Planned Outputs
This exploratory, empirical study will:
produce three manuscripts for submission (one methodological, one conceptual, & one empirical).
engage with organisations to create and share public communications.
develop a larger grant application for external funding.
Links to Previous Work
Extends my previous work on self-managed abortion and conceptualisations of risk/safety to questions of carcerality, criminology and feminist STS studies. See publications on a ‘cacophony of laws’, abortion as transgressive, and on safety/risk.
Overview
Feminist legal scholars have shown that laws and trials are gendered, reflecting stereotypical ideas of gendered social roles (e.g., motherhood) [1-3]. The use of tests and forensic science in trials reinforces medical, social, and legal power by producing “evidence” of deviance or transgression. Testing and evidence are a public, disciplining response to moral panics on abortion and its self-management. Forensic science (biological, digital) is not solely material or a fixed entity, but is made through specific legal, social, and technological knowledges and practices [4-6]. Feminist Science and Technology Studies (STS) scholars argue that science, evidence, and expertise are socially constructed, and that courts not only use knowledge but also produce what we know [7].
Since Nov 2022, over a 100 people have been investigated for unlawfully administering “any poison or other noxious thing” – i.e., taking abortion pills outside permitted use (e.g., without two doctors’ signatures). Police investigations have involved “digital strip searches” of suspects’ devices, and testing people for abortion drugs. Abortion providers and activists argue these investigations are not in the public interest and risk deterring care-seekers [8-10]
“Any Poison or Other Noxious Thing” aims to understand how abortion pills “testing” in Great Britain functions as a moralising and disciplining force, reinforcing abortion stigma, and acting as a mechanism for reproductive governance. An empirical study, it will take an interdisciplinary, multimethod approach to answer two interlinked questions: (i) How does “testing” for abortion pills (re)produce abortion-related discourses?, and (ii) How does “testing” for abortion (re)create “evidence” and “proof”? The project engages with critical and feminist approaches in reproduction studies, criminology, STS, law, and forensic science.
References
Berro Pizzarossa, L. (2019). 'Women Are Not in the Best Position to Make These Decisions by Themselves': Gender Stereotypes in the Uruguayan Abortion Law. U. Oxford Hum. Rts. Hub J., 25.
Baxi, P. (2013). Public secrets of law: Rape trials in India. Oxford University Press.
Smith, O., & Skinner, T. (2012). Observing court responses to victims of rape and sexual assault. Feminist Criminology, 7(4), 298-326.
Ahmed, Aziza. (2015). Medical evidence and expertise in abortion jurisprudence. American Journal of Law & Medicine, 41(1), 85-118.
Bechky, B. (2020) Blood, powder, and residue : how crime labs translate evidence into proof. Cloth. [Online]. Princeton: Princeton University Press.
Kruse, C. (2015). The social life of forensic evidence. University of California Press.
Jasanoff, S. (1996). Is science socially constructed—And can it still inform public policy?. Science and Engineering Ethics, 2, 263-276.
Davis, P. (2023). British police testing women for abortion drugs. Tortoise Media
Lord, J., & Regan, L. (2024). Triumphs and trials with the UK abortion law: The power of collaboration in abortion reform. International Journal of Gynecology & Obstetrics, 164, 5-11.
Sherwood, H. (2024). Police have demanded records from UK abortion provider 32 times since 2020. The Guardian.