Sophie’s Law explained: How does it work?

Sophie’s Law came after a decade-long campaign by a couple whose baby was killed in a crash involving a drunk and drug-affected driver. Here is how it works.

Sophie’s Law reforms are designed to better recognise unborn children killed as a result of criminal conduct

Sophie’s Law better recognises unborn children who are killed as a result of criminal conduct.

The reforms were passed in Queensland parliament last year after a decade-long campaign by Sarah and Peter Milosevic whose unborn baby Sophie was killed when a drunk and drug-affected driver crashed into their family car in 2014.

Both Ms Milosevic and Mr Milosevic suffered significant serious injuries, and Sophie died.

But the driver of the other car received just a $950 fine and had his licence suspended for five months, due to Queensland laws not recognising Sophie’s life as a factor during his sentencing.

Peter and Sarah Milosevic.

Supported by the couple’s local MP Jim McDonald, who has long advocated for the change, the couple witnessed the law being passed last year, which strengthen recognition of the loss of an unborn child as a result of criminal conduct and require courts to treat such deaths as an aggravating factor for relevant serious offences during sentencing.

Amendments to the Criminal Code, the Penalties and Sentences Act 1992 (PS Act), the Youth Justice Act 1992 and the Victims of Crime Assistance Act 2009 (VoCA Act) commenced on December 1 last year to enable better recognition of the destruction of the life of an unborn child as a result of offences committed in relation to a pregnant person.

While introducing the bill, the then-Attorney-General Yvette D’Ath acknowledged Ms Milosevic and Mr Milosevic’s “tremendous courage through their continued advocacy”.

“We thank you for that. I know this has been a long time coming,” she said.

“The loss of an unborn child is devastating, and to lose an unborn child as a result of another person’s criminal conduct is profoundly distressing for the parents, their families and the wider community.”

Sophie’s Law also allows family members of the unborn child to deliver victim impact statements, and eligibility for funeral financial assistance expanded to include funerals of unborn children.

“The reforms to enable better recognition of the destruction of the life of an unborn child apply regardless of the gestational age of the unborn child,” a Department of Justice and Attorney-General spokesman said.