Defense Against Charges of Indecent Assault and Battery on a Child Under 14
Brockton MA Sex Crimes Defense Attorneys, Serving all of Southeast MA
As Massachusetts laws go, the provision governing indecent assault and battery on a child under 14 is extremely brief. All it says, essentially, is that:
“…whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2 1/2 years…a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.”
A key defense issue here is what constitutes an indecent assault and battery. For clarification, one has to turn to the instructions given to Massachusetts juries, which (somewhat unhelpfully) define an “indecent act” as “one that is fundamentally offensive to contemporary standards of decency.”
Examples include “touching portions of the anatomy commonly thought private, such as a person’s genital area or buttocks, or the breasts of a female.” Since the victim in these cases is under the age of 14, his or her consent, or lack of it, is completely irrelevant in the eyes of the law.
Our attorneys are experienced in dealing with complicated sex crimes cases. We know that what took place must be carefully considered in its own context. For example, in some instances playfully slapping someone on the buttocks during sports may be seen as horseplay by some — an inappropriate act, but not one necessarily a crime to warrant spending up to 10 years in prison.
If you have been unjustly accused of the indecent assault and battery of a child under 14, the law gives wide leeway in its vague definition of the word indecent, for an overzealous prosecutor to pursue a shaky case. The criminal trial attorneys at The Law Offices of Gerald J. Noonan will do their best to exculpate you of these serious charges, either by presenting compelling physical evidence or calling on the testimony of eyewitnesses; in other cases, they may be able to have the charges dismissed pending payment of a fine or completion of a period of probation.
Charged With Indecent A&B on a Child Under 14? Talk to our criminal defense attorneys for free.
Our knowledgeable and experienced Brockton Criminal Defense Lawyers at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Taunton, Plymouth County including Brockton, Abington, Bridgewater, Whitman, Hanson, Hingham, Wareham, Halifax, Middleborough, Rockland, Lakeville, Holbrook, Avon, Kingston, Pembroke, Plympton, Pembroke, Hanover, Carver, Duxbury, Marshfield, Norwell, Hanover, Scituate, East/West Bridgewater, Rochester, Marion, Mattapoisett;
No matter where you are located, we are just a phone call away. Call The Law Offices of Gerald J. Noonan to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.