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:
- The alleged victim was over the age of fourteen.
- The defendant intended to engage in the touching;
- The defendant committed the touching;
- The touching was harmful or offensive;
- 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;
- There was no justification or excuse for the touching.
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.
Orleans District Court: Rape Charge Reduced to Indecent Assault and Battery and Continued Without a Finding (CWOF)
The defendant works as a civilian on an air base in the Middle East. He served honorably in the United States Armed Forces. Several years ago he attended a party hosted by the victim. Several people drank to excess, among them the defendant and the victim. The defendant spent the night at the victim's home. She woke up in the middle of the night feeling wet and cold. She went into the bathroom and quickly realized that someone had ejaculated on her buttocks and between her thighs. DNA tests concluded that the substance on the woman was the defendant's semen. He was charged with rape, G.L. c. 265 Section 22. Attorney Neyman was hired for the defense. He was able to convince the prosecution to reduce the charges to indecent assault and battery under G.L. c. 265 Section 13H. Today, Attorney Neyman was able to get the case continued without a finding (CWOF). After a two year probationary period the case will be dismissed.
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Dorchester District Court: Not Guilty Verdict For Man Charged With Two Counts of Indecent Assault and Battery
In the summer of 2014 a woman left two of her three children with her aunt and uncle while she went on vacation with her boyfriend and toddler. She returned a week later and picked the children up at the aunt's home. She soon after heard that her eleven year old daughter who had been staying with the relatives was accusing her uncle of touching her private area and breasts while she was in bed. The prosecution investigated the case and conducted two SAIN interviews, one with the alleged victim and the other with her brother, the first complaint witness who also stayed with the relatives. The uncle was subsequently charged with two counts of indecent assault and battery on a child under the age of fourteen a felony under G.L. c. 265 Section 13B. The defendant is not a citizen. As such, nothing short of an acquittal could ensure against his deportation. After nearly two years of preparation Attorney Neyman took this case to trial. The jury found our client not guilty.
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Boston Municipal Court: Indecent Assault and Battery and Simple Assault and Battery Charges Against Boston Man Dismissed
The prosecution alleged that on March 4, 2014 members of the Boston, Massachusetts Police were dispatched for a complaint of a disturbance at a local nightclub. Officers met with the victim who stated that the defendant a patron at the establishment attempted to have a conversation with her. When she rejected his advances he grabbed her buttocks. When she complained he struck her with a fist and subsequently destroyed property at the establishment. The man was arrested and charged with indecent assault and battery and assault and battery. Today, Attorney Neyman was able to get all charges dismissed.