Sarah and Peter Milosevic were days away from welcoming their baby girl, Sophie, into the world.
But after an encounter with a drunk, high and speeding driver, the couple were left planning a funeral for their unborn daughter instead of celebrating her birth.
Sarah – then at 39 weeks’ gestation – said she knew at the time of the crash that her baby was gone.
Last month, the driver, 33-year-old labourer Rodney Leigh Shaw, received a $950 fine and five-month driving suspension for speeding and driving under influence of drugs and alcohol.
But the Brisbane couple who lost their little girl say it is not enough.
Sarah wants a new law to be introduced that recognises babies past 30 weeks’ gestation as human beings capable of being harmed or killed by a criminal act.
Her online petition for ‘Sophie’s Law’ has received more than 51,000 signatories in one week.
“I was 39 weeks pregnant when a drunk driver on drugs crashed into my car – as a result of this accident my baby died. I gave birth to her still body,” Sarah writes.
“It’s been hell. Instead of bringing my baby girl home I had to plan her funeral – I was that close to the end of my pregnancy. And now the man responsible gets away with it because she was stillborn and has no rights in a court of law. I want that law changed. I want all babies past 30 weeks gestation to have the right to be classed as a human being. I want pregnant women protected against acts of violence and against their babies dying because of an avoidable cause.
“Sophie should 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. All babies born past 20 weeks gestation need to have a birth certificate, a death certificate and also a funeral. So why is it that only in a court of law, does a baby have no rights to be counted? This petition is to give a voice to a little baby who will never take her first steps.”
She noted she did not want the changes to affect a woman’s right to abortion or have a pregnancy terminated for medical reasons.
Sophie’s LawPeter broke his neck in the August 2014 accident and Sarah suffered broken ribs, fractures and brain injury. Neither has been able to work since.
But Rodney Shaw – whose record includes 11 speeding fines since 2001 and a separate drink-driving offence – takes no responsibility for the death of the baby.
When questioned by A Current Affair, a remorseless Shaw – who was drunk, on drugs and speeding – said he was simply in the wrong place at the wrong time and he didn’t need to apologise to the Milosevics.
“They didn’t apologise to me, I nearly died,” he said.
The Milosevics said they could never forgive the father of one, who sat in court with his baby in his arms.
Because the opportunity to rock their newborn daughter to sleep in their own arms was stolen from them upon their chance encounter with the drug-affected hoon.
You can sign the petition here.
Top Comments
WHAT?! How dare he? "They didn't apologize to me" WHAT FOR? They did nothing wrong! And he had the audacity to take his child to court? He's a massive piece of shit.
I was so angry about this that I clicked the link and almost signed. The reason I didn't sign is partly because I'm not sure of all the consequences of Sophie's Law but mostly because I don't really know what to be angry about. $950 fine and a suspended driving licence for numerous injuries and an unborn's death. OK but all I've got to go on is this article, and its told me- Who, What, When, Where but not Why that was the penalty.
I think it's cruelly inadequate but then, I don't know why the Judge came to that decision. The article doesn't tell me what sentencing was available to the Judge, what information was given in court or if something vital wasn't allowed. I don't know the reasoning or considerations behind the ruling, and I don't know what, if any, comments were made in court about the crash, the impact or responsibilities, or the ruling itself.
Tldr; I don't feel well enough informed to sign anything.