Sophie’s law recognises unborn victims of crime in Qld

After almost a decade campaigning for justice, the parents of an unborn car crash victim have finally seen new laws introduced.

Peter and Sarah Milosevic with Member for Lockyer Jim McDonald at Queensland Parliament on Thursday. Picture: David Clark

A Queensland couple whose unborn baby was killed during a horror crash have finally seen new laws introduced after almost a decade of campaigning for justice.

Sarah Milosevic was 39 weeks pregnant with her baby daughter Sophie and travelling with husband Peter and their two children when another car collided with theirs 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.

Since her death the couple have campaigned for a new law for unborn children who have died due to criminal offences – to be known as Sophie’s law – with legislation introduced by the government on Thursday.

The changes will strengthen recognition of the loss of an unborn child as a result of criminal conduct, recognising the death of an unborn child as a result of criminal conduct in indictments and require courts to treat such deaths as an aggravating factor for relevant serious offences during sentencing.

Ms Milosevic said while it was still an emotional rollercoaster, she was happy to finally see the change happening.

“But I’m sad it had to get to this for this to finally happen – literally eight years of fighting to get here,” she said.

“Today was the first time I’ve realised what we’ve done here is change history.

“I’m just a mother, so to sit there today and hear the Attorney-General read out the intricate details of how the law has been made and how truly magnificent it is, was such a step forward.

“Finally we’re going to have laws that mean our unborn babies can be counted, and that they matter, and that the criminals that cause the deaths of our unborn babies will get the correct justice.

“Once this becomes official – should this happen to other families – I know they’re going to feel the same grief as we do, but they’re at least going to have some justice.”

The couple’s local Member for Lockyer Jim McDonald commended the couple’s advocacy for Sophie and offered his thanks to the former Attorney-General, Shannon Fentiman – as did Ms Milosevic and Mr Milosevic – for her work on the bill.

“This will see justice for Sophie,” he said.

“Unfortunately, they spoke to the government back in 2017 and it fell on deaf ears.

“Since that time, 15 children and families in the same circumstances in which Peter and Sarah found themselves have lost their lives.”

These included the tragic deaths of Kate Leadbetter and Matthew Field on Australia Day in 2021, who were killed when they were struck by a stolen car.

Ms Leadbetter was pregnant with the couple’s baby son Miles, but the teen allegedly behind the wheel could not be charged over their unborn child’s death.

While introducing the bill, Attorney-General Yvette D’Ath said she wanted to acknowledge 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.”

The new laws would also allow family members of the unborn child to deliver victim impact statements, and eligibility for funeral financial assistance would be expanded to include funerals of unborn children.

Originally published as Sophie’s law recognises unborn victims of crime in Qld