By Rachel McLean
The Court of Appeal will decide later this month whether a seven-year-old girl with Foetal Alcohol Syndrome (FAS) should be compensated as a victim of crime as a result of her mother drinking excessively during her pregnancy.
If the Court of Appeal agree that the mother committed a crime, the little girl will be entitled to compensation from the government-funded Criminal Injuries Compensation Authority. (CICA).
However, many charities and campaigners do not support the idea of criminalising women who choose to drink alcohol during their pregnancy. Many feel that this case could set a very risky precedent and open a dangerous can of worms.
I must say I have to agree.
Firstly, women are receiving mixed messages about drinking whilst pregnant. The Department of Health recommend that:
“if you’re pregnant you should avoid alcohol altogether. And if you do opt to have a drink, it recommends that you stick to one or two units of alcohol equivalent to one small glass of wine) once or twice a week.”
So on one hand, we are told that drinking alcohol is harmful to the unborn baby and should be avoided at all costs during pregnancy. But on the other hand, one or two glasses of wine a week should be ok!
Secondly, most women would not drink to intentionally hurt and damage the lives of their unborn baby. If these women do drink excessively, shouldn’t they be receiving help and support as opposed to a prison sentence?
Finally, where do we draw the line if this ruling is passed? Will it be a criminal offence for a woman to smoke during pregnancy? What if a woman fails to attend important ante-natal appointments? Both these situations can and do harm the unborn foetus so in effect should be treated the same as women who choose to drink alcohol when pregnant.
The solicitor who is bringing this claim on behalf of the child, Neil Sugarman, denies that the compensation claim will criminalise women. He says that the case is “simply about proving that if there was recklessness and it has resulted in damage, the child is then entitled to an award which will improve their lives”.
In the meantime, we will wait with bated breath for the Court of Appeal decision later this month.