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Indecent Assault on Person Over 14

Indecent Assault  on a Person Over 14  in Massachusetts

In Massachusetts, Indecent Assault  on a Person Over 14  is a criminal offense under Massachusetts General Laws Chapter 265, Section 13H. This offense involves any intentional, inappropriate contact with a person over the age of fourteen without their consent. Although physical force is often minimal in these cases, the law defines “force” to include even slight, non-violent touch that intrudes on a person’s privacy. If you or someone you know is facing these charges, it is essential to understand the elements of the offense, the potential consequences, and the value of a strong defense. Attorney Adela Aprodu is experienced in defending individuals charged with sex crimes, ensuring her clients’ rights are protected throughout the legal process.

What Constitutes Indecent Assault and Battery on a Person Aged Fourteen or Older?

Indecent Assault on Person Over 14  involves any intentional, unjustified contact with areas typically considered private. Examples of such contact might include touching a person’s breast, buttocks, abdomen, or genital area. Importantly, whether a body part is deemed a “private area” depends on the context, meaning that the circumstances in which the contact occurred are often significant in determining whether the touching qualifies as “indecent.”

Massachusetts law classifies Indecent Assault and Battery on a Person Over Fourteen as a general intent crime, rather than a specific intent crime. This legal distinction implies that, while the prosecution must prove the defendant intended the act of touching, they do not need to prove an intention to commit an indecent act. This nuance can make defending against this charge challenging, as it limits defenses based on accidental contact or lack of intent.

Elements of Indecent Assault  on Person Over 14

For a conviction, the prosecution must prove each of the following elements beyond a reasonable doubt:

  1. The Alleged Victim’s Age
    The prosecution must demonstrate that the alleged victim was fourteen years of age or older at the time of the incident. This distinguishes this charge from Indecent Assault on a Child Under Fourteen, which has different legal requirements and penalties due to the victim’s age.

  2. Intent to Touch
    The prosecutor must show that the defendant intentionally engaged in the act of touching. Accidental or incidental contact generally does not meet the requirements for this charge. The intent to commit the physical act, regardless of the defendant’s awareness of its indecency, is sufficient for this element.

  3. Actual Physical Contact
    Proof of physical contact is required for a conviction. In this context, even minimal contact with the victim’s body can satisfy this requirement. Unlike assault charges that may involve a threat or attempt, indecent assault and battery specifically involves direct contact.

  4. Harmful or Offensive Nature
    The contact must be shown to be harmful or offensive. This means that the act would be considered unwelcome, unwanted, or offensive to a reasonable person. This element is often subjective, making it crucial to have a strong defense that challenges the nature of the contact.

  5. Indecent Nature of the Touching
    For the charge to stand, the prosecutor must prove that the contact was indecent, meaning it went against societal standards of decency. In Massachusetts, a touching is considered indecent if it is perceived as “immodest, immoral, or improper.” This element is defined by “common understanding and practice,” allowing juries to consider what society would deem inappropriate.

  6. Lack of Justification or Excuse
    Finally, the prosecution must show that the touching was without legal justification or excuse. For instance, certain contexts, such as medical treatment, may provide lawful grounds for contact.

Potential Penalties for a Conviction

If convicted of Indecent Assault on  Person Over 14  in Massachusetts, the penalties are significant. A conviction can result in:

  • Up to five years in state prison or up to two and a half years in a county jail.
  • Mandatory registration as a sex offender with the Massachusetts Sex Offender Registry Board (SORB). Registration requirements often depend on the level assigned by the SORB, with Level 2 or Level 3 classifications bringing more restrictions. Convicted individuals may be monitored, restricted from certain areas, and required to undergo counseling or treatment.

The long-term consequences of a conviction extend beyond legal penalties, potentially affecting employment, housing, and personal relationships. Sex offender registration can make it difficult to secure a job, find housing, and participate in community activities due to the social stigma and legal limitations associated with the designation.

Why You Need a Strong Defense with Attorney Adela Aprodu

When facing charges of Indecent Assault and Battery on a Person Aged Fourteen or Older, a skilled defense is essential to challenge the prosecution’s case and protect your future. Attorney Adela Aprodu is experienced in defending clients against sex crimes, utilizing a comprehensive approach to examine the evidence, challenge inconsistencies, and build a strategic defense tailored to each client’s unique circumstances.

Attorney Aprodu’s defense strategy may include:

  • Questioning the Evidence of Intent: Since this charge is based on general intent, Attorney Aprodu works to demonstrate that there was no criminal intent behind the contact. She examines the context to provide a clear explanation of any misunderstandings or incidental contact.

  • Challenging the Victim’s Interpretation: Attorney Aprodu scrutinizes the victim’s statements, looking for inconsistencies or misinterpretations that may weaken the prosecution’s case. This is especially important when the contact could be viewed as non-criminal or non-indecent in context.

  • Presenting Context for Justification: In cases where the contact occurred in a context that might justify it—such as accidental touch in a crowded area—Attorney Aprodu works to show that the contact was not intended to be offensive or indecent.

If there are multiple related charges, such as Open and Gross Lewdness or Lewd and Lascivious Conduct, Attorney Aprodu coordinates a defense strategy to address each accusation effectively and reduce the overall impact of the case.

Related Charges

Cases of Indecent Assault and Battery on a Person Aged Fourteen or Older may involve other related charges, depending on the details of the incident. Commonly related charges include Indecent Assault on a Child Under Fourteen, Forcible Rape of a Child, and Statutory Rape. Each charge carries its own legal definitions, requirements, and penalties, making it essential to have a defense attorney who understands the nuances of Massachusetts sex crime laws.

Conclusion

If you or someone you know is facing charges of Indecent Assault and Battery on a Person Aged Fourteen or Older in Massachusetts, it is essential to take immediate action to protect your rights. The penalties for a conviction are severe, and the long-term effects of a sex crime charge can impact your life for years to come. Attorney Adela Aprodu brings experience, dedication, and a thorough understanding of Massachusetts criminal defense to each case. Contact Attorney Aprodu today to discuss your case and learn more about how she can help protect your future.