Indecent Assault and Battery in Massachusetts

What constitutes indecent assault and battery in Massachusetts?

In Massachusetts, there are two categories of indecent assault and battery: one that involves a victim who is aged 14 and over at the time of the alleged incident, and one that involves a victim who is under the age of 14 at the time of the alleged incident. The elements of proof and the punishments for each category differ.

Indecent Assault and Battery on a Person 14 and Over:

Indecent assault and battery on a person 14 or over is defined by Massachusetts General Laws chapter 265 section 13H. In order to get a conviction for indecent assault and battery on a person aged 14 and over, the Commonwealth must prove 4 things beyond a reasonable doubt:

1. That the alleged victim was aged 14 or older at the time of the alleged offense.

2. That the defendant committed an assault and battery on the alleged victim. Assault and battery is the intentional touching of another person, without legal justification or excuse.

3. That the assault and battery was “indecent.” This means touching someone’s intimate parts (genitals, breasts, buttocks or other portions of the anatomy commonly thought private).

4. That the alleged victim did not consent to the alleged indecent assault and battery.

Indecent Assault and Battery on a Person Under 14:

Indecent assault and battery on a person under 14 is defined by Massachusetts General Laws chapter 265 section 13B. In order to get a conviction for indecent assault and battery on a person under 14, the Commonwealth must prove 3 things beyond a reasonable doubt:

1. That the alleged victim was not yet 14 years of age at the time of the alleged offense.

2. That the defendant committed an assault and battery on the alleged victim. Assault and battery is the intentional touching of another person, without legal justification or excuse.

3. That the assault and battery was “indecent.” This means touching someone’s intimate parts (genitals, breasts, buttocks or other portions of the anatomy commonly thought private).

(A child under the age of 14 years is deemed incapable of consenting to any charged conduct by the defendant in Massachusetts.)

What are the Penalties for Indecent Assault and Battery in Massachusetts?

Indecent Assault and Battery on a Person 14 and Over:

If you are convicted of indecent assault and battery on a person 14 and over, you face imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction. In addition to incarceration, you also face the prospect of lengthy supervised release on probation, and the requirement to register as a sex offender.

 

If you commit an indecent assault and battery on an elder or person with a disability, you will face imprisonment in the state prison for not more than 10 years, or imprisonment in the house of correction for not more than 2.5 years. The prison term increases to not more than 20 years for a second or subsequent offense.

Indecent Assault and Battery on a Person under 14:

If you are convicted of indecent assault and battery on a person under 14, you face imprisonment in the state prison for not more than ten years, or by imprisonment for not more than two and one-half years in a jail or house of correction. In addition to incarceration, you also face the prospect of lengthy supervised release on probation, and the requirement to register as a sex offender.

Common Defenses Against an Indecent Assault and Battery Charge

If you have been accused of indecent assault and battery, it is important to understand the various defenses that may be available to you. One common defense is that the touching was accidental. This may be the case if, for example, you inadvertently brushed up against someone in a crowded room.

 

Another defense is that the accuser has made false accusations. This can happen for a variety of reasons, including mistaken identity or a desire to exact revenge. It is also possible to assert that the alleged victim lacks credibility or that there is insufficient evidence to support the charge.

 

Finally, you may be able to argue that the touching was consensual if the alleged victim was 14 or over at the time of the offense. This defense can be complicated to prove, but if successful, it can result in the charges being dismissed. Facts of individual cases vary, and no two cases are alike. An experienced attorney will be able to evaluate the strengths and weaknesses of each defense and advise their client accordingly.

Conclusion

If you or someone you know is convicted of indecent assault and battery on a person 14 or over in Massachusetts, you face serious penalties and aggressive prosecution that can negatively affect you for the rest of your life. This is a serious charge that should not be taken lightly - allegations of indecent assault and battery are taken very seriously in Massachusetts. If you or someone you know is facing these charges, it's important to speak with an experienced criminal defense attorney as soon as possible.

 

The Law Office of Patrick J. Regan has extensive experience, resources, and success in defending indecent assault and battery cases in Massachusetts. We know how to exploit the vulnerabilities in the prosecution's case. We will be able to make the best arguments on your behalf in order to secure the best possible outcome in your case. Depending on the facts of your case, we may be able to file motions to suppress specific evidence or have the charges dismissed entirely. If the facts warrant it, we know how to negotiate the charges down with the District Attorney.

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If you or someone you know has been charged with Indecent Assault and Battery in Massachusetts, Call us at (978) 744-1220 or fill out our contact form today for a free 30-minute consultation. We will sit down with you, read the police report, get your side of the story, and give you our opinion as to what your best course of action is and how your case is likely to fare in court.