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Indecent Assault and Battery on a Person Aged Fourteen or Older

Indecent assault and battery on a person aged fourteen or older is a criminal offense under Massachusetts General Laws Chapter 265 Section 13H. An assault and battery is an intentional and unjustified use of force upon another’s person, however slight. Since violent force is not usually involved in this offense, “force” in this context is usually no more than a touching. An indecent assault and battery is an intentional and unjustified touching of a private area, including, but not limited to, the breast, abdomen, thigh, buttocks, genital or pubic areas of a female or the buttocks, genital or pubic areas of a male. Whether the body part is a “private area” is determined in the context in which the touching occurred.This crime is a general intent crime as opposed to a specific crime in Massachusetts. Regardless of how the law reads we view many general intent crimes as crimes that lower the district attorney’s burden of proof. In some sense it undermines any defense that centers on accident or an absence of intent. This unfortunate nuance to this law makes it necessary for you to hire someone who has practiced criminal defense law in Massachusetts for decades. There is no substitute for experience.

What are the Elements of Indecent Assault and Battery on a Person Fourteen or Older in Massachusetts?

To be convicted of indecent assault and battery on a person aged fourteen or older, the prosecutor must prove all of the following six elements beyond a reasonable doubt:

  1. The alleged victim was over the age of fourteen.
  2. The defendant intended to engage in the touching;
  3. The defendant committed the touching;
  4. The touching was harmful or offensive;
  5. The touching was indecent.A touching is indecent when it is contrary to societal norms and is offensive to current moral values in that would be considered “immodest, immoral and improper.” Indecency is measured by “common understanding and practice.” This definition gives persons of normal intelligence an opportunity to know what is proscribed. And;
  6. There was no justification or excuse for the touching.
What Will Happen to Me If I am Convicted of Indecent Assault and Battery on a Person Fourteen or Older?

If you are convicted of indecent assault and battery on a person aged fourteen or older, you face imprisonment in the state prison for up to five years or imprisonment in a jail or house of correction for up to two and one-half years. You are also going to have to register as a sex offender. You will probably have to fight the offender level you get assigned as the Massachusetts Sex Offender Registry Board initially assigns levels that we believe are higher than the person deserves.

If you are charged with this offense, retaining the services of a practiced and dedicated attorney like Stephen Neyman is of critical importance. The attorneys at our office are well-informed of the Massachusetts laws and court systems and use our knowledge, talent and experience to build strong defenses on our clients’ behalf. We have successfully defended this and other sex crimes in Massachusetts and throughout the country countless times in our 20 years of practice. To discuss your case or learn more about this crime, call our office at 617-263-6800 or  contact us online.

Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.

Case Results » Indecent Assault and Battery on a Person Aged Fourteen or Older
  • Charges of Indecent Assault and Battery on a Person Over the Age of 14 to be Dismissed

    In January of 2021 a fifteen year old girl reported to the police that she had been sexually assaulted by her best friend's father at a New Year's Eve sleepover. The girl claimed that while she was sleeping she was awakened by our client with his hands in her pants rubbing the skin and pubic hair above her vagina. After the incident ended she told the defendant's daughter what had just happened. Nothing was reported to the police for over a week. Later that month our client was charged with indecent assault and battery on a child over the age of 14 in violation of G.L. c. 265 section 13H. We engaged a forensic psychologist to evaluate the defendant for risk assessment and sex offender proclivities. The evaluation was favorable. We presented it to the judge and convinced him to continue the case without a finding (CWOF). All charges will be dismissed provided our client remain free from criminal charges. 

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  • Charges of Indecent Assault and Battery on a Person Over the Age 14 Dismissed

    In October of 2020 a woman entered the lobby of a police station to report that she had been sexually assaulted by a male relative. The victim was with a lawyer at the time of the initial disclosure. She claimed that this occurred twice. The first time the defendant pulled her close to him, hugged her, slipped his hands underneath her shorts and grabbed her buttocks. He then moved his hands to her front, touching the pubic hair area above her genitals. On the second occasion the defendant started rubbing her thigh towards her private areas. A complaint issued against the defendant charging him with two counts of indecent assault and battery under G.L. c. 265 section 13H. After one and a half years of preparation we succeeded in getting all charges dismissed. The defendant, who is not a citizen, would likely have been deported absent this result. 

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  • Indecent Assault and Battery Case Against Store Owner Dismissed

    The defendant owns a store in a posh Boston suburb. On June 24, 2020 a woman entered the police station and complained that her boss, the store owner, had touched her inappropriately while at work. She claimed that he grabbed her buttocks and her breasts and that he kissed her aggressively. A detective went to the story to interview the man. The detective spotted a security camera and asked for permission to see the footage. The man provided the footage. It confirmed the woman's claims and charges of indecent assault and battery on a person over the age of 14 in violation of G.L. c. 265 section 13H issued (5 counts) as well as one count of assault and battery. Our office was hired. A conviction would require sex offender registration. Today, Attorney Neyman was able to get all charges dismissed. 

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Client Reviews
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"We went to trial and won. He saved me fifteen years mandatory in state prison for this case." A.C. Boston, Massachusetts
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"I hired him and he got the case dismissed before I had to go into a courtroom. My school never found out and if they had I would have lost my academic scholarships. He really saved my college career." Melissa C. Cold Spring, New York, October 2013
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"My union rep told me to call Steve Neyman. From the get go I felt comfortable with him. He took the time to talk to me about my case whenever I needed .... He even gave me his personal cell number and took all my calls. We won the case and I kept my job." Bart L. S.
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"The best criminal defense lawyer in Massachusetts. Takes all of his client's calls at any time of the day or night. He was always there for me and my family. Steve saved my life." Jacquille D. Brockton, Massachusetts
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"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts