Defending those Accused of Indecent Assault & Battery
While a sex crime allegation is always unnerving, being charged with indecent assault and battery is both unnerving and confusing, since the crime is so vague and, oftentimes, misunderstood. The crime of indecent assault and battery is most accurately characterized as an unconsented to touching of another person’s “private areas,” such as the genitals, buttocks, and breasts. This touching must, however, by something more than incidental contact. Indeed, this touching must be both intentional and fundamentally offensive by contemporary societal standards conduct.
Attorney Kevin J. Mahoney is a Cambridge criminal defense lawyer who has successfully defended dozens of individuals who have been accused of sex crimes, including indecent assault and battery. If you or a loved one have been charged with a sexual offense, call us at 617-492-0055 to arrange a free in-office consultation.
Definition of Indecent Assault & Battery
The crime of indecent assault and battery is codified and defined by G.L. c. 265, §13H. To successfully persuade a jury of a defendant’s guilt, a prosecutor must prove beyond a reasonable doubt that the defendant:
- Committed an assault and battery (an intentional touching of another person without justification or excuse) on the alleged victim;
- Touched the alleged victim in a bodily area commonly understood according to societal standards as “indecent” and/or fundamentally offensive, such as the genitals, buttocks, or breasts; and,
- Touched the alleged victim without the victim’s consent.
For an alleged victim to legally consent to the touching, she must have been over the age of 14 years, and been of sufficient mental faculties to be able to sufficiently understand and evaluate the circumstances and the intent of the Defendant to be able to consent to his actions. If, therefore, the alleged victim is too intoxicated, mentally incapacitated, or otherwise unable to grasp what was occurring, a prosecutor will argue that her consent was not legally valid.
Results
Commonwealth vs. D.D., Cambridge Superior Court
Kidnapping — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Aggravated rape — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Alleged victim testified that, following a party, the Defendant locked her in a basement, attacked her, injuring her wrist. and repeatedly raped and assaulted her. The prosecutor called five witnesses, including the officers who found the pair in the basement. The defense called no witnesses. The jury deliberated for two days before acquitting the Defendant of all charges.
Commonwealth vs. M.P.F., Cambridge Superior Court
Rape of Child — Not Guilty
Rape of Child — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
A&B Dangerous Weapon — Not Guilty
A&B Dangerous Weapon — Not Guilty
A&B Dangerous Weapon — Not Guilty
A&B — Not Guilty
Dissemination of Pornographic Material — Not Guilty
Alleged victim testified that during her high school years, her father (the Defendant) raped her twice a week for two-years, beat her with a police stick and an electrical cord, broke plates over her head, punched her in the stomach, and forced her to watch pornographic videos. The jury deliberated for 8 1/2 hours, before acquitting the Defendant of all charges.
Commonwealth vs. L.B., Suffolk County Superior Court
Aggravated Rape — Not Guilty
Aggravated Rape — Not Guilty
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
Alleged victim testified that after sleeping over the Defendant’s home as the guest of his stepdaughter, the Defendant entered the bedroom, took off his clothing, subdued her, and raped her twice. The jury deliberated for less than an hour before acquitting the Defendant of all charges.
Commonwealth vs. R.P., Cambridge Superior Court
Assault with Intent to Rape — Not Guilty
Indecent Assault & Battery — Not Guilty
Indecent Assault & Battery — Not Guilty
Indecent Assault & Battery — Not Guilty
Open & Gross Lewdness — Not Guilty
Open & Gross Lewdness — Not Guilty
Open & Gross Lewdness — Not Guilty
Assault & Battery — Not Guilty
Assault & Battery — Not Guilty
Assault & Battery — Guilty
According to the assistant district attorney, the Defendant and two co-defendants, in the Boston area on a high school field trip, relentlessly sexually assaulted two classmates. An alleged victim testified that, among other despicable sexual assaults, the defendants pinned him to the bed and attempted to force him to perform fellatio on one of them. The jury deliberated 16 hours over 3 days. The co-defendants were found guilty of 23 of 32 indictments, including two counts of assault with intent to rape, a serious sex offense for which the co-defendants were facing a prison term of up to 20 years. Our client was convicted of only the least serious charge, and sentenced to four months of unsupervised probation.
Commonwealth vs. E.M., Cambridge Superior Court
Indecent A&B — Not Guilty
Indecent A&B — Not Guilty
The alleged victim testified that the Defendant (the father of her best friend) had molested on the nights she slept over his home. The prosecutor was extremely aggressive. The judge declared a mistrial following the first trial when the jury remained hung after three days of deliberations. The jury in the second trial acquitted the Defendant of all charges after deliberating for only 45 minutes.
