Indecent assault and battery is a sex crime in Massachusetts. Massachusetts General Laws Chapter 265 Section 13H defines it. It is a felony. Also, anyone convicted of this must register as a sex offender.
What is Indecent Assault and Battery in Massachusetts?
A conviction for indecent assault and battery requires the prosecutor to prove four elements:
- The alleged victim was at least fourteen years old or older;
- Intentionally touched the alleged victim without legal justification or excuse;
- Also, the touching was “indecent”;
- And, the alleged victim did not consent.
Indecent assault is “fundamentally offensive to contemporary standards of decency.” That means certain body parts are “private.” For example, breasts, buttocks, or genital areas are “private” areas. However, there are no specifically defined areas. Also, indecent is open to interpretation so long as a reasonable person would consider the contact to be offensive or immoral.
This is a general intent crime. General intent crimes do not require proof the person intended to commit a crime. Therefore, the prosecutor does not need to prove the defendant intended to commit this crime. Another general intent crimes are statutory rape.
What is the statute of limitation for indecent assault and battery?
The statute of limitations is 6 years in Massachusetts.
What is an example of indecent assault?
An indecent act includes those acts where the defendant directs or commands the alleged victim to touch a private part of the defendant (or another person).
Legal Defenses
When facing allegations of indecent assault and battery, it’s imperative to explore all available defenses to challenge the prosecution’s case. One potential defense is mistaken identity. In cases where the identity of the perpetrator is in question, I will meticulously investigate the circumstances surrounding the alleged incident, scrutinizing witness statements and evidence to establish doubt about your involvement.
Another common defense is consent. If there is evidence to suggest that the alleged victim willingly participated in the conduct in question, we can argue that no crime was committed. I will work tirelessly to gather evidence and witness testimony to support this defense and undermine the prosecution’s case against you.
Furthermore, lack of intent can serve as a viable defense. If you did not intend to commit indecent assault and battery or if there was a misunderstanding or misinterpretation of your actions, we can argue that you should not be held criminally liable. I will diligently examine the facts of your case to identify any evidence supporting this defense and present a compelling argument in your favor.
Additionally, issues related to credibility and reliability of witnesses can be crucial in defending against indecent assault and battery charges. I will thoroughly cross-examine witnesses and challenge the prosecution’s evidence to cast doubt on the credibility of their case.
Ultimately, mounting a successful defense to indecent assault and battery charges requires a deep understanding of Massachusetts state laws and courtroom procedures. With my knowledge, experience, and dedication to your case, I will tirelessly advocate for your rights and work towards securing a favorable outcome. If you are facing indecent assault and battery charges in Massachusetts, don’t hesitate to contact me for a confidential consultation and personalized legal guidance. Together, we will work towards protecting your future and securing justice.
What are the Penalties for Indecent Assault and Battery in Massachusetts?
If you are convicted of indecent assault and battery on a person aged fourteen or older, you face up to 5 years in a state prison or 2 and a half years in a house of corrections for a first offense. Then, you will also have to register as a sex offender. In conclusion, the consequences are severe so it is crucial you speak with an experienced defense attorney right away.
Indecent Assault and Battery Lawyer
Before committing to a criminal defense, Patrick Donovan served as an Assistant District Attorney. Attorney Donovan represents the accused against charges. He also uses the training and experience as a prosecutor to get the possible outcome for everyone he represents. As a Massachusetts criminal attorney, Patrick Donovan has successfully represented people charged with sex crimes. Attorney Donovan always aggressively represents the accused.
Attorney Donovan’s office is located in Quincy. Attorney Donovan offers free consultations and night and weekend appointments.
