The statute: Indecent assault and battery is the intentional, unjustified touching of another person’s private parts — the genitalia, buttocks, anus, groin, or female breasts — in a manner that is fundamentally offensive to contemporary moral standards.
What the Commonwealth must prove:
- The defendant committed an assault and battery on the alleged victim — an intentional touching, however slight.
- The touching was “indecent” — it involved one of the intimate parts of the body and was fundamentally offensive to contemporary standards of decency.
- The touching was without the alleged victim’s consent.
- The touching was not legally justified or excused.
Penalties: State prison for not more than 5 years, or a house of correction for not more than 2½ years; where the victim is an elder or a person with a disability, state prison for not more than 10 years, and a subsequent offense against such a victim carries up to 20 years in state prison. A conviction requires sex offender registration with SORB and can result in loss of professional licenses and deportation for non-citizens.
In plain English: This charge covers unwanted sexual touching of an adult’s intimate body parts — groping, for example — as opposed to intercourse. It is a felony even though no penetration is involved, and it carries up to 5 years in state prison plus sex offender registration (more where the victim is an elder or a person with a disability).
How these cases are defended:
- Consent and context — whether the touching occurred as described and whether it was welcome.
- Challenging whether the touching, if it occurred, meets the legal definition of “indecent.”
- Accident or incidental contact — lack of the required intentional, sexual touching.
- Identification challenges in crowded-setting allegations (bars, transit, workplaces).
- Impeachment through prior inconsistent statements and motive evidence.
Note: this entry covers victims age 14 and older; indecent assault and battery on a child under 14 is charged under c. 265, § 13B.
This page is general information about Massachusetts law, not legal advice about any specific case. If you are charged with a crime, contact Davis Law Firm, P.C., 132 Lincoln Street, Suite 5L, Boston, MA 02111, (617) 297-4837.
