Sophie’s Law: Mother fights for unborn babies to be protected after a car crash claimed her daughter’s life days from birth

BABY Sophie was killed in a crash and the drunk, drug-affected driver got only a small fine. A new law her mum is campaigning for will make sure that never happens again.

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IN Sarah Milosevic’s eyes, what happened the moment her family was ripped apart is unquestionable.

Her baby, Sophie, was killed — manslaughter, she believes. The then 29-year-old Brisbane mother was travelling in a car with her partner and children, taking a corner when a car came tearing towards them. The last thing Sarah remembers before waking up and immediately realising her daughter’s life had been taken was saying: “He’s going to hit us.”

In the eyes of the law, it’s a little more complicated than that.

Sophie’s death was not recognised as murder or manslaughter or in any charge that ended in “occasioning death”; it was listed as one of Sarah’s many injuries.

Because Sophie had not yet taken her first breath — Sarah was 39 weeks pregnant and due to give birth any day — the drunk, drug-affected, speeding driver who hit the car never faced charges related to her death.

Rodney Shaw was found guilty of speeding and driving under the influence of drugs and alcohol, receiving a $950 fine and a suspended sentence.

For Sarah, that’s just not enough.

“I was completely gutted,” she said of finding out the conclusion of the 15-month police investigation and court proceedings.

“Sophie’s injuries were absolutely horrific. There wasn’t a part of her tiny little body that wasn’t damaged. Those images are burnt in my mind and they’ll never go away. No mother should have to see a child like that.

“If a baby dies after 20 weeks gestation they are required to have a birth certificate, a death certificate and a funeral. In Sophie’s case she had those things. The accident was classed as a fatality and she was included in the road toll. In every other aspect of what has occurred she was classed as a human being.”

Peter Milosevic and his wife Sarah were hit by a drunk and drugged driver in late 2014, causing Sarah to lose her unborn baby. The alleged faced court last week and was handed an extremely light sentence. Photo By Patria Jannides

Sarah had to give birth to Sophie knowing she had already lost her, and had to deal with returning to the home she had made ready for her new baby girl without her.

She says she had already made memories with her daughter who had kicked restlessly and had hiccups the afternoon of August 29, 2013 when the crash happened.

Now, almost a year and a half on, she’s working on making a legacy for her.

Sarah is lobbying the Queensland Attorney-General to introduce “Sophie’s Law” to protect all unborn babies post 30 weeks gestation, and ensure their deaths are recognised under criminal law.

“The main reason I’m fighting is because she’ll never get a chance to take a breath, she never got a chance to have a voice. If I don’t fight for justice for her then who will? Who’s going to stop people getting away with causing reckless endangerment to our unborn?” she said.

A Change.org petition Sarah addressed to Attorney-General Yvette D’Ath has already garnered more than 87,000 signatories.

In it, she writes: “I want pregnant women protected against acts of violence and against their babies dying because of an avoidable cause. Sophie could be alive but because of a careless act caused by a driver that does not care, he holds no responsibility for his action and walks free.

“This petition is to give a voice to a little baby who will never take her first steps.”

Rodney Shaw told A Current Affair he doesn’t believe he’s responsible for the crash, and showed no remorse.

Sarah says she has already had, and anticipates more criticism from women’s rights advocates, but assures as long as the law is written the way she is campaigning for, it will not affect a woman’s right to have an abortion or a pregnancy terminated for any medical reason. She says unlike laws that have been trialled recognising the life of an unborn child past 20 weeks gestation or greater than 400g in weight, her proposed law focuses on children that would have been endangered in acts of violence past 30 weeks gestation, when they would have a 95 per cent chance of survival.

Sarah is now awaiting a meeting with Ms D’Ath, who has today confirmed with news.com.au she is prepared to discuss the proposal.

“My sympathies to Ms Milosevic for her terrible loss,” the Attorney-General said in a statement.

“I am aware of the petition and I am willing to speak to her about this issue.”