Indecent Assault and Battery on a Child Under Fourteen in Massachusetts

In Massachusetts, Indecent Assault on Child Under 14  is a serious offense under Massachusetts General Laws Chapter 265, Section 13B. This law criminalizes any inappropriate or unwanted contact with a child under the age of fourteen, with severe penalties for those convicted. If you or a loved one is facing this charge, it’s essential to understand the elements of the offense, the potential penalties, and the importance of having a strong legal defense. Attorney Adela Aprodu is dedicated to defending individuals accused of these charges, helping them protect their rights and navigate the legal system.

Defining Indecent Assault and Battery on a Child Under Fourteen

Indecent Assault and Battery involves the intentional and unjustified touching of a minor’s private areas. This offense includes any deliberate contact with parts of the body that are typically considered private, such as the breasts, abdomen, thighs, buttocks, and genital or pubic areas of a child. Importantly, the definition covers any form of inappropriate or indecent contact, whether or not the alleged act involved force or coercion.

Consent Is Not a Defense

One critical aspect of this charge is that consent is not a defense. Massachusetts law assumes that children under fourteen are legally incapable of consenting to any form of indecent contact. This makes Indecent Assault on a Child Under 14  a strict liability offense, similar to Statutory Rape in that it does not require proof of lack of consent. Even if the accused believed the alleged victim consented or was unaware of their age, these factors do not constitute valid defenses under this law.

What the Prosecution Must Prove

For a conviction of Indecent Assault and Battery on a Child Under Fourteen, the prosecution must prove each of the following six elements beyond a reasonable doubt:

1. The Victim’s Age
   The prosecution must prove that the alleged victim was under fourteen at the time of the incident. Massachusetts courts do not allow mistakes regarding the victim’s age as a defense; the law assumes that the accused is responsible for knowing the minor’s age.

2. Intent to Touch
   The defendant must have intended to engage in the act of touching. Accidental or incidental contact does not meet the standard for this charge. The prosecutor must show that the accused knowingly engaged in the act of touching the alleged victim.

3. Actual Touching Occurred
   Evidence must show that the defendant did indeed engage in the act of touching. Physical contact is a necessary element of this charge, making it essential for the prosecution to prove that this contact took place.

4. Harmful or Offensive Nature of the Touching
   The prosecutor must demonstrate that the contact was harmful or offensive, even if it did not result in physical injury. The key aspect here is the intent to commit an act that is inherently harmful or offensive to community standards.

5. Indecent Nature of the Touching
   For a conviction, the contact must be deemed “indecent.” In Massachusetts, this term includes any form of contact with areas typically considered private or personal, such as the genital, buttocks, or breast areas.

6. No Justification or Excuse
   The prosecution must prove that the act was unjustified, meaning that there was no legitimate reason or excuse for the contact.

Challenges in Proving  Indecent Assault on Child Under 14

Cases involving young children can be challenging due to the limitations in children’s memories and the potential for inconsistencies in testimonies. Massachusetts courts generally allow for some flexibility in cases where children cannot recall exact dates or events. Even if the victim’s memory is unclear or inconsistent about the timing of the alleged offense, a conviction can still stand as long as the essential elements are proven. This makes it critical to have a skilled attorney to challenge such evidence and identify potential weaknesses in the prosecution’s case.

Penalties for a Conviction

A conviction for Indecent Assault and Battery on a Child Under Fourteen in Massachusetts carries severe penalties, reflecting the state’s commitment to protecting minors. If convicted, you could face:

• Up to ten years in state prison or up to two and a half years in a county jail.
• Mandatory sex offender registration. Convicted individuals are often classified as Level 2 or Level 3 sex offenders, subjecting them to ongoing monitoring, community restrictions, and social stigmatization.

The impact of a conviction extends beyond legal penalties; it can affect employment, housing, and social relationships due to the lifelong stigma of being a registered sex offender.

How Attorney Adela Aprodu Defends Against These Charges

Defending against a charge of Indecent Assault and Battery on a Child Under Fourteen requires a comprehensive approach that carefully examines all aspects of the case. Attorney Adela Aprodu brings experience, compassion, and skill to her clients, working diligently to challenge the prosecution’s evidence and advocate for her clients’ rights.

Key elements of Attorney Aprodu’s defense strategy include:

• Challenging the Evidence: Attorney Aprodu reviews all available evidence, including witness statements, medical records, and any police reports, to identify inconsistencies, inaccuracies, or potential biases in the prosecution’s case.
• Evaluating Witness Credibility: In cases involving children, it’s essential to assess the credibility and reliability of witnesses. Attorney Aprodu closely examines testimonies for inconsistencies or coaching, which may affect the case’s outcome.
• Proving Lack of Intent: If the alleged touching was accidental or misinterpreted, Attorney Aprodu works to establish that there was no intent to commit an indecent act.

If the client is facing multiple charges, such as Forcible Rape of a Child or Open and Gross Lewdness, Attorney Aprodu coordinates a defense that addresses each charge while minimizing the impact on her client’s life.

Related Offenses

Charges of indecent assault and battery on a child are often accompanied by other serious allegations, depending on the nature of the case. Related charges in Massachusetts include Lewd and Lascivious Conduct, Statutory Rape, and Indecent Assault on a Person Over 14. Each offense has specific legal requirements and penalties, making it critical to have an attorney experienced in handling sex crime cases.

Conclusion

Facing a charge of Indecent Assault and Battery on a Child Under Fourteen in Massachusetts is a serious matter, with severe penalties that can affect every aspect of your life. With a dedicated and experienced attorney like Adela Aprodu by your side, you’ll have a skilled advocate who will fight to protect your rights, challenge the evidence, and work toward a favorable outcome. Contact Attorney Aprodu today to discuss your case and learn more about your options for defense.