Women can report mistreatment in the maternity system to regulatory authorities such as the Australian Health Practitioner Regulation Agency, the Health Care Complaints Commission, or the Health Ombudsman. Some women may also pursue justice through civil cases. Serious abuse in maternity care, which can be a form of ‘obstetric violence,’ may be considered a criminal offense.

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Obstetric violence, as defined by the United Nations, is "a form of gender-based violence exercised by those in charge of health care for pregnant women accessing services during pregnancy, childbirth, and postpartum.”

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You have the right to report obstetric violence to the police. While Australia does not have specific laws on obstetric violence, there are laws covering assault, sexual violence, bodily harm, torture, and criminal negligence.

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Many women are unsure if they can report obstetric violence to the police due to a social or cultural myth that maternity staff:

• Can perform procedures on women during medical emergencies

• Can override women’s decisions when they disagree with them

• Do not need to seek consent at all

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In most civil case law, providers cannot make decisions for women who have the capacity to make their own choices. Women maintain their bodily autonomy even in emergencies. It is illegal to assault patients who make decisions against medical advice, and pregnancy is no exception. Medical providers do not have special legal status that allows them to assault or interfere with women due to their degree, title, profession, or location in a hospital. They are subject to the same laws as all Australians and cannot prioritize the well-being of a fetus over a woman’s bodily autonomy.

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What are some examples of obstetric violence that can be reported to the police?

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All procedures involving a woman’s genitals that are done without informed and noncoerced consent can be reported to the state/territory police sexual violence unit:

• Forced Vaginal/ Anal examinations (sexual violence)

• Forced Episiotomy (sexual violence) 

• Forced operative vaginal birth (e.g. being held/tied down against your will for forceps-sexual violence)​

Other forms of assault can be reported to a general police officer:

• Forced caesarean section 

• Being locked up in hospital against your will (deprivation of liberty). 

• Being slapped, pinched or held/tied down to a bed by a medical/health care professional

 

How do I make a police report?

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A police report should be done as soon as possible however they do require some evidence. Any witnesses to the assault such as your partner or a doula should document any obstetric violence and also make a police statement. 

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A doula or any other birth support or other health professional can report a medical sexual violence/physical assault on your behalf with your consent to start the inquiry process. 

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The police will make contact, give you a form to fill out and require your identification before requesting a statement. 

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It would be very helpful if in most obstetric violence situations your birth support person has documentation of any assault. Doulas can document such obstetric violence in their business records. It is rare for medical providers who witnessed violence in birth settings to document or testify to assault, but if they have done so, this can also be used as evidence. 

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It is up to the police if they decide to investigate or lay charges. You may seek independent legal advice to help on this issue.