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Indecent Assault & Battery

indecent assault

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:

  1. Committed an assault and battery (an intentional touching of another person without justification or excuse) on the alleged victim;
  2. 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,
  3. 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.

 

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Assault with Intent to Rape
  • Rape & Aggravated Rape
  • Prostitution
  • Statutory Rape
  • Indecent Assault & Battery
  • Sexting Crimes
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