LONDON: Britain's Court of Appeal on Thursday rejected claims that a child born with severe brain damage because her mother drank excessively, while pregnant, was a victim of crime, a ruling which has important consequences for expectant women.
Lawyers acting for the girl, now aged 7 and known only as CP, argued that she should be entitled to compensation from the Criminal Injuries Compensation Authority as her mother, who had an alcohol addiction, had inflicted "grievous bodily harm" by poisoning her. The girl, now in the care of a local authority which brought the claim, was born with Foetal Alcohol Spectrum Disorder that can cause severe learning difficulties and growth problems. The mother had been drinking eight cans of strong lager and half a bottle of vodka a day.
Three Court of Appeal judges accepted that CP was poisoned and had suffered harm, but ruled that under English law a foetus was not considered a person, and so, the mother could not have committed a crime. Campaigners said a contrary decision could have led to pregnant women being liable for criminal offences for a growing list of activities which could risk their babies' health.
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