Landmark Case Will Determine Whether Pregnant Drinking Is A Crime

A landmark case in the Northwest will determine whether it is legally considered a crime to drink while pregnant. If the Court of Appeal finds that drinking while pregnant is tantamount to essentially poisoning a baby, it means that children that have suffered illness as a result of their mother’s drinking during pregnancy could be entitled to receive compensation payments. The Criminal Injuries Compensation Authority had successfully challenged such claims, but the decision will now be taken by the Court of Appeal.

There has long been evidence to suggest that drinking while pregnant can harm a baby, but it has never been considered a criminal offence. There have been calls from certain groups to make it illegal, so that it would carry a similar penalty to that of assault or even of poisoning.

One of the potential dangers to a baby is that of Foetal Alcohol Syndrome, or FAS. Health experts say that it would require that a mother drink regularly during pregnancy in order for their child to be born with FAS, and that possible symptoms and side effects can include deformities as well as problems with emotional and physical development and attention and concentration problems. Recent research suggests that moderate and infrequent drinking may not cause damage to the baby or prevent their proper development.

None of the parties in the current case can be named for legal reasons, but the baby was diagnosed as having FAS when she was born. She is now six years old and living with foster parents. During a previous hearing, the mother was found to have administered poison that inflicted grievous bodily harm. The mother was believed to have taken drugs and to have consumed excessive amounts of alcohol regularly.

In 2011, the Court ruled that the child was eligible for a compensation payout because the mother had been grossly negligent. However, the Criminal Injuries Compensation Authority, who were set to meet the payout, challenged the judgement and it was overturned by the upper tribunal of the Administration Appeals Chamber. No date has been set for the next hearing, but if compensation was awarded and the mother found guilty, it would have considerable ramifications on a wider scale.

CICAMar 14th, 20140 comments