SA MLC Sarah Game introduces bill with punishments for pregnant injury

If an unborn foetus is killed during a criminal act, it is recorded on an itemised list on injuries. Now, there’s a state-based push to change that, seeking ‘validation for profound loss’.

New laws introduced in South Australia could see criminals who commit offences against pregnant people delivered harsher penalties because of the impact caused to unborn children.

One Nation MP Sarah Game has introduced a Bill to the state’s Legislative Council which would see the legislation amended to deliver harsher penalties for the loss of a foetus through a criminal act, if passed.

The Bill mirrors one passed in NSW last year – Zoe’s Law – after a 12-year campaign by the Donegan family, after Brodie Donegan was hit by a drug affected driver, when she was 32 weeks pregnant, on Christmas Day in 2009 and lost her child as a result.

Delivering her speech on the Bill in parliament on Wednesday, Ms Game said there would continue to be “no validation for the profound loss and grief” for the parents, extended family and friends without change to the legislation.

“A dead baby becomes part of an itemised list of injuries recorded,” she said.

Sarah Game speaks on the Bill on Wednesday. Picture: Legislative Council

Nick and Brodie Donegan. Picture: Tim Hunter.

“This is about a woman and family’s right to recognise, by law, the loss of a life taken by criminal acts, beyond their control.

“This is about acknowledging the loss and trauma of a life stopped short not by choice, but by intrusion.

“This is about justice.”

The Bill included provisions that would see a parent able to submit a victim impact statement to court during the sentencing of somebody guilty of killing a foetus during a criminal act, and allowing families to submit claims to access victims of crime funding relating to the loss of an unborn baby.

Ms Game said there were differences between Zoe’s Law in NSW and what she had proposed in SA, including changes to the gestational age and weight of the unborn foetus meaning the penalties would apply to the loss of the foetus at any stage of a pregnancy.

She said the criminal offences between the NSW law and the SA proposal were also altered, with her Bill including crimes like rape, indecent assault, leaving the scene of an accident, criminal neglect and a raft of domestic violence related charges.

Ms Game said the proposal would not impact on rights to abortion.

A change to the legislation would see people like John Ceruto, who crashed while driving naked, drunk and with drugs in his system, while speeding with his pregnant fiance Lisa Smith in the car.

Ceruto hit a Stobie pole at Woodville Park in 2013, killing Ms Smith and her unborn child named Chase.

He pleaded guilty to one aggravated count of causing Ms Smith’s death by dangerous driving, and to driving unlicensed and was jailed for six years and 10 months, with a non-parole period of five years and five months and had his licence suspended for 10 years.