Tricky...

Somewhat disturbing case involving a council who are seeking a payout from the Criminal Injuries Compensation Board in respect of a disabled child in their care. There seems little doubt that the child was born disabled as a result of the mother drinking heavily during pregnancy.  The council argue that this amounted to a crime under the Offences Against The Person Act 1861 and therefore compensation is justified.  But English law has long held that an unborn child is not a "person" until it obtains an existence independent of the mother, and therefore cannot be offended against.  Few people I think would have much sympathy for the mother here, but the point is that, had she not been pregnant, she would have committed no offence by drinking as she did - so are we to have different laws for pregnant women?  Is behaviour which is generally accepted as OK to become criminal if you are pregnant? What about abortion??  And what if you don't know you're pregnant???