Indecent Assault and Battery on a Person 14 or Older in Massachusetts

Not every indecent assault and battery case in Massachusetts involves a child. When the complainant has turned 14, whether they’re 14, 25, or 70, the charge falls under the first paragraph of M.G.L. c. 265, §13H, and the legal analysis shifts in one major way: consent becomes a central issue.

The Four Elements Prosecutors Must Prove

The Commonwealth must show an intentional touching, that the touching was unprivileged, that it was indecent, and that the complainant did not consent. That last piece is the real dividing line from a case involving a child under 14. In Commonwealth v. Shore, the Appeals Court confirmed that the Commonwealth carries the full burden on nonconsent, both producing evidence and proving it.

Nonconsent doesn’t require physical resistance. A verbal refusal, pulling away, freezing, or communications before or after the incident can all support it, depending on the full picture.

Mistake About Consent and Cases Involving Incapacity

Section 13H is a general intent offense. Commonwealth v. Butler clarified that prosecutors generally need to prove you didn’t have consent, not that you knew the contact was nonconsensual. That said, Butler also recognized a defense: an honest, good faith belief that the person consented, backed by an objectively reasonable basis in the actual words and conduct at the time. Simply claiming afterward that you thought there was consent isn’t enough on its own.

When an allegation centers on incapacity from alcohol or drugs rather than a refusal, the Commonwealth must show the complainant was too impaired to consent and that you knew or reasonably should have known it. Drinking alone doesn’t establish incapacity.

Penalties, CWOF, and Registration

A conviction carries up to five years in state prison or up to 2½ years in jail or a house of correction. Unlike the child-under-14 statute, this paragraph of §13H doesn’t expressly bar a continuance without a finding, though that doesn’t guarantee one will be offered. Prosecutors generally have six years to bring the charge, unless the complainant was under 16, in which case that clock doesn’t start until they turn 16 or report the incident, whichever comes first.

A conviction is a sex offense, which triggers the standard 20-year registration period unless you have two or more qualifying prior sex offense convictions or another lifetime condition applies under c. 6, §178C. Probation for this offense also requires GPS monitoring for the full term under §47.

What a Defense Might Look Like

Depending on the facts, a defense can focus on actual consent, an honest and reasonable misunderstanding about consent, whether the touching happened at all, or whether it was intentional. Identification evidence, text messages, and communications before or after the incident often shape how a case is argued. Legitimate medical or caregiving contact is also a separate question from indecent touching.

At Riccio Law, we can help you sort through the evidence in your case and figure out where things stand. Contact us to start that conversation.

Our office number is (617) 404-8878.