Dealing With Indecent Assault and Battery

Dealing With Indecent Assault and Battery

There are many different charges that fall within the definition of Assault and Battery.

These charges include Domestic Assault and Battery, Assault and Battery with a Dangerous Weapon, and Indecent Assault and Battery.

According to Massachusetts Law, an Indecent Assault and Battery involves an indecent act that is offensive to society’s standards of decency. An Assault and Battery may be “indecent” if it involves touching portions of the anatomy commonly thought private, such as a person’s genital area or buttocks, or the breasts of a female.

Indecent Assault and Battery on a Person 14 or Older

In order to prove that a person is guilty of an Indecent Assault and Battery on a person 14 years of age or more, the Commonwealth must prove beyond a reasonable doubt:

  • That the victim was at least 14 years old
  • That the Defendant committed an Assault and Battery (the intentional touching of another person without legal justification or excuse) on the victim,
  • That the Assault and Battery was “indecent” as that word is understood by common standards, and
  • That the alleged victim did not consent.

With regard to consent, if the state proves that the victim was incapable of giving consent because of alcohol or drugs or mental retardation or did not have the capacity to understand or appreciate what was happening, etc., then it follows that the victim did not consent.

Indecent Assault and Battery on a Person under 14

If the victim is under the age of 14, it is irrelevant whether or not there was consent because a victim under 14 is deemed incapable of consenting. Therefore, the Commonwealth must only prove 3 things beyond a reasonable doubt to prove a person guilty of Indecent Assault and Battery on a Person Under 14:

  • That the victim was under 14,
  • That the Defendant committed an Assault and Battery on the victim, and
  • That the Assault and Battery was “indecent.

Effects of Indecent Assault and Battery That Echo Throughout Your Life

Unlike a charge of Assault and Battery, in addition to possible prison time, a conviction for Indecent Assault and Battery in Massachusetts also comes with the requirement that you register as a sex offender. Beyond damaging your reputation, this requirement can have catastrophic effects that may change your entire life. Registered sex offenders often have difficulty finding housing, jobs, and even future partners. After all, few people want to be associated with or employ someone with such a reputation. Also, depending on the level of sex offender, the public may have a right to know what you have done or even to have your conviction posted in your neighborhood.

Just because you are charged with an Indecent Assault and Battery does not mean you are guilty.

Perhaps there was a misunderstanding or a witness was confused or maybe you just made a mistake. No matter what the reason, you need the services of a Massachusetts criminal defense attorney, who has the experience, know-how and track record to develop a winning strategy, file the necessary motions and represent you at trial if necessary. And, you need those services as soon as possible. You need a Boston criminal lawyer, who will accompany you to the police, keep you informed about the criminal justice system and stand by your side at arraignment and throughout the legal process.


“Dear Elliot, People are not immune to the ‘fortune’ in their life. The bright side is that someone is out there to save them. You are the person saving my fate. You represent ‘integrity and justice.’ You are the best lawyer on earth.”
“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
“I wanted to thank you again. I’m at the end of my probation period. I could not have done it without you. You were such a great support. I just want to let you know I appreciated everything you did.”
“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
“I cannot begin to tell you how much I’ve appreciated your most sincere guidance & support. This has been one of the most difficult years we’ve been through with our son. We could not have hoped for a more positive outcome.”
“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”
“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”




Call (781) 974-3429 & Take the 1st Step to Developing a Winning Strategy.

Criminal Defense Attorney

If you are facing criminal charges, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.

We are available 24/7 and can assess your criminal charges over the phone to quickly determine your best course of action. Then, our law office will represent you in court as we fight together against your charges.

ATTORNEY CLIENT PRIVILEGE protects your conversation, so you can be open and honest with Attorneys Savitz Bradley whatever the charge or charges. We are genuinely committed to protecting your rights and will always act in your best interest.