Abortion Performed by Unqualified Person

Have you been charged with the offence of Abortion Performed by Unqualified Person?

The offence of Abortion Performed by Unqualified Person is outlined in Section 65 of the Crimes Act 1958. This charge applies when a person, not legally qualified, administers or uses an instrument or means to induce a miscarriage, either on themselves or another woman, with the intent to procure abortion.

What must the prosecution prove:

1.   You were pregnant at the relevant time.

• You either:
  • Administered to yourself a poison or other noxious thing; or
  • Unlawfully used an instrument or other means upon herself with the intent to procure your own miscarriage.
• Alternatively, the you:
  • Administered to a woman a poison or other noxious thing;
  • Caused a woman to take a poison or other noxious thing; or
  • Unlawfully used an instrument or other means upon a woman, with the intent to procure her miscarriage.

Penalties for abortions performed by unqualified persons:

This is a serious charge which carries a Level 5 imprisonment with a maximum penalty of 10 years.

Where the Case Will Be Heard:

Cases related to abortion performed by unqualified person are heard in the Magistrates’ Court of Victoria, depending on the seriousness of the case.

Factors and defences to consider:

A possible defence is if you believed, on reasonable grounds, that the actions taken were necessary to prevent serious danger to your own life or the life of another woman, beyond the dangers associated with childbirth.

This is a serious charge that demands expert legal representation. Engaging a skilled criminal defence lawyer is crucial, as they can tailor a defence strategy specific to your circumstances.

Given the complexities and potential consequences associated with the offence of Abortion Performed by Unqualified Person, it is imperative not to delay in seeking professional legal assistance. Early intervention can significantly impact the outcome of your case, ensuring that your rights are protected and that you receive the best possible guidance throughout the legal process.

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• Sexual Assault by Compelling Sexual Touching
• Assault with Intent to Commit a Sexual Offence
• Threat to Commit a Sexual Offence
• Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
• Administration of an Intoxicating Substance for a Sexual Purpose
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
• Causing or Allowing a Sexual Performance Involving a Child
• Inciting or Offering a Sexual Performance Involving a Child
• Facilitating a Sexual Offence Against a Child
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

What happens next?

If you are facing charges related to Abortion Performed by Unqualified Person, it is essential to consult with an experienced criminal lawyer as soon as possible. Adequate preparation is crucial in addressing the charges against you.

Your lawyer can help you:

• Assess the strength of the prosecution’s case.
• Explore possible defences and strategies.
• Prepare for court proceedings effectively.

Don’t delay in seeking legal assistance on 1800 130 120, as the outcome of your case can significantly depend on timely and thorough legal support. Make an appointment with a qualified lawyer at MK Law to discuss your situation and explore your options.