The Morning Edition The court judgment that could change the treatment of Australian women giving birth
Apr 6, 2026
Wendy Tuohy, senior writer covering legal and medical issues, breaks down a landmark Victorian court ruling on consent in childbirth. She outlines what vaginal examinations involve and why some women refuse them. Listens on hospital admission policies, the Bendigo Health case facts, legal ramifications for obstetric practice, and how guidelines aim to prioritise women’s choices.
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Vaginal Exams Are Routine But Not Always Necessary
- Vaginal examinations are standard admission policy in many hospitals but are not medically necessary to establish labour.
- Alternatives like observing contraction frequency and intensity or offering other assessments are accepted and recommended in respectful care guidelines.
Trauma Drives Refusal Of Intimate Exams
- Many women refuse non-consensual vaginal exams due to prior trauma such as sexual abuse, family violence, or traumatic earlier births.
- The NSW inquiry received 4,000 submissions highlighting birth-related psychological and physical harm.
Patient Pressured Into Exam Before Admission
- Larissa Gawthrop arrived at Bendigo Health in established labour and was refused admission, pain relief, and her known midwife unless she consented to a vaginal exam.
- After two hours and eight offers, she submitted while distressed; later she consented to exams with her trusted midwife.