Indecent Assault & Battery

Indecent Assault and Battery is a very serious crime. Under Massachusetts law, an Indecent Assault and Battery happens when one person touches another person in an “indecent” way. Examples of Indecent A&B are: touching a person’s buttocks, breasts, or genitals without consent; and a tongue kiss without consent.  To be convicted on Indecent A&B, the Commonwealth must prove the following:

1. That the alleged victim was at least 14 years old;
2. That the defendant touched the alleged victim without justification or excuse;
3. That the touching was “indecent.”
   1. An indecent act is on that is fundamentally offensive to contemporary standards of decency.
4. That the alleged victim did not consent.

A conviction for Indecent Assault and Battery carries penalties of up to 5 years in state prison or 2 ½ years in the house of correction. In addition, a person convicted for Indecent A&B must register with the Sex Offender Registry Board (SORB), and provide a DNA sample.

Indecent Assault And Battery On a Child Under 14

Indecent Assault and Battery on a Child Under 14 is a more serious crime, as it involves the inappropriate touching of a young person. The law deems that a person under the age of 14 is unable to consent to that type of touching, therefore a defendant may not argue that the victim “consented” t being touched.

The legal standard in Massachusetts for indecent assault and battery on a child under 14 is essentially the same as that of someone 14 or over, with the element of consent eliminated. And the criminal penalties are even more serious if you are found guilty.

To be convicted of Indecent A&B on a Child Under 14, the Commonwealth must prove the following:

1. That the alleged victim was less than 14 years old;
2. That the defendant touched the alleged victim without justification or excuse;
3. That the touching was “indecent.”
   1. An indecent act is on that is fundamentally offensive to contemporary standards of decency.

A conviction for Indecent Assault and Battery on a Child Under 14 carries penalties of up to 10 years in state prison or 2 ½ years in the house of corrections. In addition, a person convicted for Indecent A&B on a Child Under 14 must register with the Sex Offender Registry Board (SORB), and provide a DNA sample.

Indecent Assault & Battery Defense Strategies

I fight these cases by first trying to get the charge reduced to a simple assault and battery. Depending on the seriousness of the allegation and the defendant’s record, sometimes the Commonwealth agrees to reduce the charge. If successful, you will not have to face the stigma of registering as a sex offender.

If we take the case to trial, I will explore all other defense options. I will look for places to argue that the actions do not meet the legal standard in the statutes. These may include the that victim consented, the touching was inadvertent, and the touching was not indecent.

These cases are complicated, and difficult for everyone involved. Please contact me for help and advice on these criminal charges.

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