Sexual Battery in Massachusetts refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.
In Massachusetts, sexual battery is codified in the law as “indecent assault and battery.” By definition, indecent assault and battery occurs when a person has “intentionally had physical contact of a sexual nature with a victim without consent.” The type of contact includes touching a woman’s breasts or buttocks, or touching the pubic area of a man or woman.
Penalties for Sexual Battery in Massachusetts
The penalty for sexual battery classified under indecent assault and battery is a felony that may be punishable by up to five years imprisonment.
Defense of a Sexual Battery in Massachusetts
The list of defenses for Sexual battery in Massachusetts here is not exclusive, but are the most common defenses used, which include:
- Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
- Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
- Improper police procedure (illegal questioning, sloppy evidence handling)
- False allegations/credibility issues (“he said, she said”, jilted/angry partner)
Attempted Sexual Battery in Massachusetts
Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.
If you are facing charges for Sexual Battery in Newburyport, Salem, Boston, Amesbury, Salisbury, Lawrence, Ipswich, or any town in the Essex, Suffolk, or Middlesex counties in Massachusetts, call Criminal Attorney Bonavita immediately at 978-376-6746 or email her with your case information!
