Indecent Assault and Battery
Indecent assault and battery is a criminal offense in the state of Massachusetts. To understand indecent assault and battery, one must first understand the definition of assault and battery as recognized in a court of law; assault and battery is the intentional use of force, unjustified, on another person.
On the other hand, Indecent assault and battery is an intentional and unjustified act in which another person touches the “private area” of another person. The crime is termed indecent assault and battery, as it is generally considered to be a crime a reasonable person would consider offensive and immoral. In some situations, the private area of another person is determined in the setting in which the alleged incident took place.
Examples of a person’s private areas are, including, but not limited to:
Generally speaking, indecent assault and battery is divided into 2 (two) separate crimes; indecent assault and battery on a person under the age of fourteen, and indecent assault and battery on a person fourteen or older. Each of these crimes have different elements and carry different penalties if found guilty.
In order to prove someone guilty of indecent assault and battery on a person fourteen or older, there must four elements proven beyond a reasonable doubt:
- The victim was under the age of fourteen when the assault occurred
- The defendant committed an assault and battery against the victim
- That the assault was in fact indecent
- The the alleged victim did not consent to the acts
If you have been charged with indecent assault and battery, it is crucial that you understand some of the penalties you may face. Jail time is likely, and the charge is considered to be a felony; read more about the penalties here.
Do not hesitate to contact an experienced criminal defense attorney at DelSignore Law. Call us today at (781) 686- 5924 for a free consultation and to have any lingering questions answered.