Legal Definition of Indecent Assault & Battery
Indecent assault and battery against a person fourteen years of age or older is a sex offense (see Massachusetts General Laws, Chapter 265, Section 13H). The specific definition of indecent assault and battery involves intentional and unjustified physical contact with a person's private area, including but not limited to the breasts, thighs, buttocks, abdomen, or pubic areas of a female, or the genital or pubic areas or buttocks of a male.
Understanding the Legal Elements of Indecent Assault & Battery
The prosecution must present evidence of the following elements to substantiate a person being convicted of indecent assault and battery:
- The alleged victim is 14 years of age or older.
- The accused intended to and engaged in the physically touching the complainant
- The accused acted without the other party’s consent.
Penalties of Conviction
Massachusetts law outlines that an individual who commits such an act is subject to imprisonment in a state prison for a maximum of five years or in a jail or house of correction for a maximum of two and a half years.
It is important to note that the penalties for indecent assault and battery can be enhanced under certain circumstances, such as when the victim is elderly or disabled. Additionally, subsequent offenses carry even harsher penalties.
Potential Defense Strategies
Working with an attorney, you can mount a defense that does the following:
- Asserts there is a lack of evidence. You can argue that the prosecution’s evidence does not adequately establish that the alleged assault occurred or that the accused is the assailant. For instance, you may question how the accused was identified or the validity of the facts about the touching incident.
- Argues that there was consent. Using this defense strategy, the accused admits to engaging in sexual contact with the alleged victim but works to prove that the touching was done with the other party’s knowledge and consent. Evidence of consent may be obtained during cross-examinations of the alleged victim and other prosecutorial witnesses regarding the events that led to the charges. The defense may ask witnesses about the alleged victim’s actions after the alleged incident, any noted verbal resistance or consent, or witnessed physical resistance (or lack thereof).
Talk with Our Defense Attorneys
At Brad Bailey Law, our attorneys offer our clients personalized care and take a client-centered, team-based approach to cases. This approach allows us to prioritize your needs and goals. We can listen to your concerns and wishes, take time to understand your perspective on case details and strategies, and work collaboratively with you and other members of our firm to develop a defense that works in your best interest.
When you retain our counsel, you can benefit from having a former prosecutor on your team. Having experience working on the side offers our team insight into how the opposition may approach negotiations or prepare for trial, and we can tailor our approach to your case.
We are trusted and recommended by our past clients who say that we can help those “in need of top quality representation,” as we have “remarkable courtroom demeanor,” are “highly skilled,” and listen to our clients.
Get in touch with us by calling (617) 500-0252.