Drinking can harm a foetus, but court finds girl born with disorder wasn’t victim of crime

This source preferred by Jeffrey Wale

Authors: Wale, J.



Publisher: The Conversation

This is a paper about the Court of Appeal judgement in CP (A Child) v Criminal Injuries Compensation Authority [2014] EWCA Civ 1554. The story behind the case has stirred up considerable public and media debate. Could a child born with Foetal Alcohol Spectrum Disorder (FASD) claim compensation from the Criminal Injuries Compensation Authority (CICA). It was alleged that the child (called ‘CP’ in the proceedings) had been born with FASD as a consequence of her young mother’s excessive alcohol consumption during pregnancy in circumstances where she was aware of the danger of harm to her unborn child. The case raises interesting issues about the role of the criminal law and the burden of risk taking behavior during pregnancy.

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