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Pregnant Binge Drinker Faces No Criminal Charges

If there’s anything sadder than domestic violence, it’s domestic violence involving a pregnant woman and an insane quantity of booze. Last week, New Zealand police, responding to a 4 a.m. domestic violence complaint, found a heavily intoxicated woman whose partner had hit her over the head with a bottle. She was nine months pregnant, and had been drinking with her partner for eight hours straight.

The man was imprisoned on assault charges, but police were uncertain about how to deal with the mother-to-be. They considered bringing charges against her for endangering her child by binge drinking, but ultimately decided to refer the case to Child, Youth, and Family—largely because maternal substance abuse is not explicitly outlawed. In some rare cases, pregnant drinkers have been charged with attempted fetal homicide, but New Zealand, like the United States, does not criminalize the simple act of drinking while pregnant.

This recent case has New Zealand police hoping to change that. Detectives involved in the case have called for legislation banning maternal substance abuse, believing that's the best way to stop addicted mothers-to-be from endangering their fetuses. But others feel that throwing pregnant women in jail is not the answer. Furthermore, legislating pregnant women's behavior could be a slippery slope. While many pregnant women feel comfortable having a daily drink, others would never consider consuming even a drop of wine. 

What do you think? Should drinking while pregnant be against the law?

Photo: The Daily Mail 


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Comments

 

Manjari said:

I guess it is a little complicated when you think of women who just have a glass of wine now and then, but eight hours of binge drinking seems like a clear cut case of child endangerment. Maybe it could be handled somewhat like drinking and driving - the court could come up with a certain blood alcohol level that would be considered illegal for pregnant women.

July 8, 2008 6:20 PM
 

Cassie said:

Not born yet, not a child.  You make the fetus have rights and suddenly the vessal has none.

July 8, 2008 9:29 PM
 

Sara said:

Oh this is such a touchy subject, and I agree with Cassie's comment to an extent, but!

If you are nine months pregnant, obviously YOU think that there is a person inside of you.  And it is an accepted fact that getting completely, eight-hours-of-drinking drunk is very bad for a baby.  You cannot say "oh there is a person inside of me" one minute and then go and knowingly endanger that person's life the next.  Am I making sense?

July 8, 2008 10:13 PM
 

esther said:

When a woman decides to carry a pregnancy to term, she is acknowledging that the fetus she is carrying will someday be a full-fledged child. "Person" or not, a fetus is susceptible to permanent, irreversible, life-long harm if the mother consumes alcohol while pregnant.

One does not have to believe that a fetus is a child to be in favor of regulating a woman's right to drink while pregnant, just that the fetus will one day be a child.

I live in Alaska, which has the highest incidence of FAS in the US, and it is heartbreaking to see innocent children who suffer everyday because of their mother's actions.

July 9, 2008 2:48 AM
 

Combermere said:

That would be a tough law to regulate... I don't think most pregnant women who are binge drinking are doing it in public.

A law like this sounds ripe to be abused. And if you go there, then you'll have to start arresting expecting moms who eat too much sugar... drink too much Starbuck's...  don't take their folic acid... or ride unicycles...

More laws aren't the answer.

July 9, 2008 7:41 AM
 

bluestar said:

N-O.  I agree completely with Cassie.  You cannot go blurring this line, it will end in absolute disaster.  SHOULD women binge drink while pregnant?  Absolutely not under any circumstances, and we should put as many outreach programs in place as possible to stop that, but criminalizing it?  That is one hell of a slippery slope towards tossing moms to be in jail for all KINDS of things.  No No No.

July 9, 2008 7:44 AM
 

op said:

It is not child abuse, there is no child yet. Also, there is obviously a DV issue here, we do not know why she was drinking (maybe she has an addiction, maybe she was forced to by her abusive husband). Don't be judgmental over a cursory few paragraphs in a complicated situation.

July 9, 2008 9:46 PM

About Hannah Tennant-Moore

Hannah Tennant-Moore is a Brooklyn-based freelance writer whose work has appeared or is forthcoming in Best Buddhist Writing (2008); The Sun; Guantanamo: Inside the Prison, Outside the Law; Tricycle; Turning Wheel (as the winner of the Young Writers Award); and elsewhere.

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