What Happens When a Boss Is Charged with Indecent Assault and Battery of an Employee in Massachusetts?
At DelSignore Law, we have helped people in a wide range of professions defend against sexual assault allegations. When an employee accuses a supervisor or business owner, the accusation can threaten your freedom, your job, and the business you have built. A workplace complaint may reach human resources and the police at nearly the same time.
The charge depends on the conduct alleged. Police may investigate indecent assault and battery, rape, or another sexual offense. A complaint is not proof, but the decisions you make at the start can affect both the workplace process and the criminal case. Do not contact the employee to explain your side or give a detailed statement before speaking with a lawyer.
The Workplace Inquiry Is Separate From the Criminal CaseYour employer may investigate under its own policies, place you on leave, change your access to the workplace, or make an employment decision. Police investigate whether a crime may have occurred. The two processes can overlap, but an internal finding does not decide criminal guilt.
A meeting with human resources may feel informal, but what you say could become relevant in the criminal investigation. Before giving a written or recorded account, speak with a criminal defense lawyer. Do not ignore a formal request or make a false statement. If the employer has its own lawyer, clarify whom that lawyer represents before relying on advice about your personal criminal exposure.
The Working Relationship Is Important ContextInvestigators may examine the reporting relationship, workplace policies, the history of communications, when and where the alleged conduct occurred, who was present, and what was reported to coworkers or human resources. A supervisor's authority may be part of the factual context, but a job title or workplace finding does not answer whether the prosecution can prove a criminal charge.
Preserve the full record: emails, texts, workplace chat, calendars, schedules, access logs, relevant HR communications, and the names of people with firsthand information. Keep complete conversations and records in their original form. Do not select only the messages that seem favorable.
How DelSignore Law Will Prepare Your DefenseWe start with the actual allegation, the charge under investigation, and the evidence collected so far. DelSignore Law can review the police report, the statements made to investigators or HR, and the complete workplace communications—not just excerpts taken out of context.
When appropriate, we may use an investigator to interview witnesses and locate records that have not been gathered. We compare the timeline with work schedules, meeting records, access data, messages, and other independent evidence. If there are material inconsistencies, investigative gaps, or evidence of bias or motive, we examine them carefully and raise them with the prosecutor or the court when appropriate.
You do not have the burden to prove your innocence. The Commonwealth must prove each element of the charged offense beyond a reasonable doubt. Our job is to test the evidence, give you an honest assessment, and prepare the defense for each stage of the case, including motions and trial when needed.
Do Not Contact the Employee or Shape Anyone's AccountDo not call, text, or approach the employee to explain, apologize, ask for a retraction, or discuss what they may tell police. Do not use a coworker or friend as a go-between. Follow any no-contact instruction and preserve relevant records without editing or deleting them.
Avoid discussing the allegation in the workplace or online. If an interview or written response is required, get legal advice about how to handle it. Your employment matters, but an unreviewed statement about the alleged offense can create additional problems in the criminal case. In almost all cases, DelSignore Law will advise you not to make any statements to anyone about the case.
- It is very common in sexual assault and indecent assault and battery allegations to hire an investigator to help prepare the defense.
You may receive a summons directing you to appear for arraignment, or the case may proceed after an arrest. At arraignment, the court addresses the charge, enters a plea, and determines the conditions of release. The prosecutor may ask for bail or other conditions; the judge decides what to order. Conditions may include no contact with the employee or other restrictions, depending on the facts.
A case may then proceed through evidence exchange, pretrial hearings, motions, and possibly trial. A conviction can affect liberty, employment, and professional standing. Potential penalties and any registration requirements depend on the specific offense and outcome.
Frequently Asked QuestionsNo. A complaint is an allegation. The criminal charge must be evaluated under the elements of the specific offense and the evidence.
Do not contact the employee about the allegation.
Keep any message that helps your case or shows prior statements of the alleged victim.
If an employee has accused you of sexual assault or police have contacted you, call or text DelSignore Law at (781) 686-5924. We will help you understand the immediate decisions, evaluate the evidence, and plan for what happens next.
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