A member asked almost 8 years ago

Accusation of assault

I have been accused of assault by my ex girlfriend whilst I was asleep and she lost the baby that was 7 weeks old she has history of mental illness of suicide attempts I was asleep when I apparently assaulted her with my knee which in turn she's accusing me off causing the baby miscarriage.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In Tasmania, assault is a criminal offence. ‘Assault’ is the intentional application of force to another person without their consent. The offence is much more serious if the assault is on a pregnant woman, especially if it results in the death of the foetus.

If the police have been notified of the alleged assault, they will make a report and determine if the allegation is serious enough to warrant an investigation. If so, they will investigate the matter and if there is enough evidence to prosecute the crime, they may charge you with assault. You would then need to appear in court where you have the option of pleading guilty or defending the charge.

It is not clear whether the police have been notified or whether they are intending to investigate or prosecute the matter. If the allegation is unsubstantiated, you may find that the police do not proceed with the investigation or prosecution. However, if you are charged with assault, you may be able to defend the charge on the basis that the assault was not intentional (i.e. it was an accident). Defending a charge in court is a difficult task and you would benefit from a lawyer’s help.

Suggested way forward

You can contact the police to ask if they intend to investigate or prosecute the alleged assault. If you are charged with the offence and required to appear in court, you should speak to a criminal lawyer to get advice about your legal options and whether you can defend the charge. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer

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