Indecent Assault and Battery

Aggressive Boston Criminal Defense Lawyer with Specific Experience Handling High-Stakes Sex Crimes

An indecent assault and battery charge can permanently alter the course of your life. These cases are emotionally charged and legally complex and often involve sensitive allegations and incredibly high stakes. If you’ve been accused of indecent assault and battery or any other Massachusetts sex crime, you’re not only facing the potential for a lengthy prison sentence but also serious damage to your reputation, your employment, and your relationships. At the Law Office of Patrick J. Murphy, we understand what’s at risk. As a Boston indecent assault and battery lawyer with over 27 years of experience, we approach these cases with discretion, strategy, and a deep understanding of Massachusetts law.

What Is Indecent Assault and Battery in Massachusetts?

Under Massachusetts General Laws Chapter 265, Section 13H (and Section 13B for victims under 14), indecent assault and battery involves the unwanted, intentional touching of another person in a way that is deemed sexually offensive. Unlike simple assault and battery, this charge requires an element of indecency, which typically refers to contact with intimate body parts without consent.

Key elements of the offense include:

• The alleged victim did not consent to the touching
• The touching was intentional, not accidental
• The contact was “indecent”

Adding to the confusion surrounding this offense, “indecent” isn’t defined by statute. Thus, lawmakers left it up to courts to determine what constitutes indecent. According to prevailing case law, indecent contact is that which is “violative of social and behavioral expectations in a manner which [is] fundamentally offensive to contemporary moral values.” Generally speaking, it is common for indecent assault charges to involve contact with a person’s breasts, abdomen, buttocks, thighs, or pubic area.

Penalties for Indecent Assault and Battery

Indecent assault and battery is a felony offense in Massachusetts, and the penalties can vary depending on the age of the alleged victim and the specific circumstances of the case. Possible consequences include:

• Up to 5 years in state prison or 2.5 years in a house of correction for general indecent assault and battery (Section 13H)
• Up to 10 years in prison if the alleged victim is under 14 years old (Section 13B)
• Mandatory sex offender registration
• Probation with conditions such as counseling or GPS monitoring
• Loss of employment, housing, or professional licenses

Because of the stigma attached to these allegations, the consequences often extend far beyond the courtroom.

Why These Cases Are So Challenging

Allegations of indecent assault and battery often come down to conflicting stories. There may be no physical evidence, no witnesses, and no video footage—just two very different accounts of what happened. This makes it critical to examine every detail of the event and the individuals involved.

The legal system tends to treat these charges seriously even before a conviction, which can lead to:

• Pretrial detention or restrictive bail conditions
• Restraining orders or stay-away orders
• Damage to your personal and professional reputation

The presumption of innocence can feel especially fragile in cases involving sexual allegations. That’s why it is essential to have a Boston indecent assault lawyer who knows how to push back against weak evidence, prejudicial assumptions, and overzealous prosecution.

Building a Strong Defense

Defending against an indecent assault and battery charge requires a careful and thorough strategy. Some of the most effective defenses include:

Consent. If both parties willingly participated in the contact, and there was no coercion or threat, the charge may not stand. In many cases, misunderstandings about consent lie at the heart of the accusation.

Mistaken identity. If the incident occurred in a crowded setting or under unclear circumstances, it’s possible the accuser misidentified the person responsible.

False accusations. Personal motives—such as revenge, jealousy, or custody disputes—sometimes drive individuals to make false or exaggerated claims. If there’s evidence suggesting the accusation is not credible, your lawyer can use it to challenge the case.

Lack of indecency. Not every unwanted touch meets the legal definition of “indecent.” If the alleged conduct does not involve intimate body parts or sexual intent, the charge may be downgraded or dismissed.

Attorney Patrick J. Murphy conducts in-depth investigations, reviews police reports and medical records, and works with experts when necessary to build a compelling defense.

Don’t Let One Allegation Define Your Life

An indecent assault and battery charge can carry a lifetime of consequences—but a charge is not a conviction. You have the right to be heard, to challenge the evidence, and to have your side of the story told. Attorney Patrick J. Murphy has spent nearly three decades defending clients in sensitive and high-stakes criminal cases throughout the Boston area. If you’re facing a Massachusetts sex crime, the time to act is now. Contact the Law Office of Patrick J. Murphy at (617) 367-0450 to schedule a free and confidential consultation and begin building your defense.