Indecent Assault & Battery

Massachusetts recognizes two types of indecent assault and battery charges based on the victim’s age, with different penalties and legal requirements for each.

‍Indecent Assault and Battery on a Person 14 or Older
- Charged when the alleged victim is 14 years old or older
- Requires intentional touching without legal justification
- Touching must be “indecent” - fundamentally offensive to contemporary standards of decency
- Prosecution must prove lack of consent
- Typically involves touching of private areas: breasts, buttocks, genitals
- Considered a general intent crime - prosecution does not need to prove you intended to commit a crime
- Can be resolved with a Continuance Without a Finding (CWOF) for charges involving victims 14 or older
- CWOF avoids conviction and sex offender registration

‍Indecent Assault and Battery on a Child Under 14
- Charged when the alleged victim is under 14 years old
- Child under 14 is legally deemed incapable of consent under Massachusetts law
- Requires intentional touching that is “indecent” without legal justification
- More serious charge with enhanced penalties compared to charges involving adults
- Cannot be resolved with Continuance Without a Finding (CWOF)
- Cannot be placed on file
- Mandatory sex offender registration upon conviction

‍Indecent Assault and Battery on Elder or Disabled Person
- Enhanced penalties when victim is elderly or has a disability
- Charged when victim is 60 or older or has a disability as defined by Massachusetts law
- Second or subsequent offense carries significantly increased penalties
- Cannot be resolved with Continuance Without a Finding for elderly or disabled victims
- District Court lacks jurisdiction - must be prosecuted in Superior Court

‍Aggravated Forms
- Enhanced charges apply when victim is elderly, disabled, or under 14
- Additional aggravated charges exist when offense is committed by mandated reporters
- Additional aggravated charges exist when committed by defendant with prior sex offense convictions
- Law enforcement officers face separate enhanced charges when victim is in their custody

The type of charge and victim’s age determine the severity of penalties. Understanding these distinctions is critical when facing indecent assault and battery charges in Massachusetts.

‍For charges involving victims 14 or older:
- Up to 5 years in state prison, or
- Up to 2.5 years in house of correction
- Mandatory sex offender registration upon conviction
- Possibility of Continuance Without a Finding (CWOF) to avoid conviction and registration

‍For charges involving children under 14:
- Up to 10 years in state prison, or
- Up to 2.5 years in house of correction
- Mandatory sex offender registration upon conviction
- Cannot be resolved with CWOF
- Cannot be placed on file

‍For charges involving elderly or disabled victims:
- Up to 10 years in state prison, or
- Up to 2.5 years in house of correction
- Second or subsequent offense: up to 20 years in state prison
- Cannot be resolved with CWOF
- Mandatory sex offender registration upon conviction

These consequences are serious and life-altering. With experienced legal representation, outcomes vary significantly depending on the specific facts, available evidence, and strategic approach to defense.

‍Sex Offender Registration: Conviction requires registration with the Massachusetts Sex Offender Registry Board (SORB). The Board assigns classification levels (Level 1, Level 2, or Level 3) based on risk assessment. Level 2 and Level 3 offenders have information publicly available, affecting employment and housing. Registration continues for 20 years or life depending on classification.

Defense strategies in indecent assault and battery cases depend entirely on the specific facts and circumstances. Common defense approaches include:

‍False Accusation: Many indecent assault and battery cases involve no physical evidence and rely solely on conflicting accounts. Defense focuses on credibility issues, motive to fabricate, and inconsistencies in the alleged victim’s account.

‍Lack of Intent: The touching was accidental or incidental, not intentional. Massachusetts law requires proof that the touching was intentional. Accidental contact does not constitute indecent assault and battery.

‍Consent (for victims 14 or older): The alleged victim willingly participated or consented to the contact. This defense is not available when the victim is under 14, as Massachusetts law deems children under 14 incapable of consent.

‍Insufficient Evidence of “Indecent” Touching: The prosecution must prove the touching was indecent - fundamentally offensive to contemporary standards. Defense may challenge whether the specific touching meets this legal standard.

‍Mistaken Identity: In cases where the perpetrator’s identity is disputed, defense investigates circumstances to establish reasonable doubt about involvement.

‍Constitutional Violations: Challenging evidence obtained through illegal search, coerced statements, or violations of Miranda rights.

Every case is different. What works depends entirely on your specific facts, your evidence, and your circumstances. Early investigation, preservation of evidence, and experienced legal representation make the difference between favorable outcomes and worst-case scenarios.

Don't face this alone — contact us today for a confidential consultation to discuss your case and explore your defense options.