A woman seeking an abortion in Victoria is being asked by a judge to prove her right to a termination.
In January this year, a magistrate heard a woman had been raped by a man who had a history of assaulting women.
The man, who had not been convicted of any offence, raped her on a train in January 2016.
In court, a judge heard she was raped again at a motel, and was later raped by another man.
She said she had not reported the assaults to police.
“The police were not contacted,” she told the court.
But after being told about the rapes in the past, the woman said she decided to report them.
A few weeks after the second rape, she said, she went to a local hospital and was told that she would need to wait two weeks before a termination, even though she had been warned not to do so.
When she arrived, she was told by a doctor that the man had gone to hospital again, this time in a hospital in the north of the state.
After a further two weeks, the magistrate said the woman did not have a termination in the hospital and did not want to get one, despite being told that it was safe.
On Friday, a Victorian court heard that the woman had applied for a termination six months earlier.
Her lawyer, Brad Edwards, said the decision to file a complaint would not be a surprise to him.
He said she was seeking legal advice on the right to terminate a pregnancy.
“[The woman] does not have the right not to have a baby,” he said.
Edwards said the law was a bit of a grey area because the woman could still claim she was not informed, but he said it was important to understand that she was entitled to terminate the pregnancy if she felt the pregnancy was dangerous.
Last year, the Supreme Court ruled that a woman could sue a doctor for refusing to provide an abortion, even if the doctor had been informed of the risks involved.
Earlier this year a NSW woman sued a nurse for not terminating her pregnancy.