Indecent assault and battery on a child under fourteen is an intentional touching of the genitals, breasts, buttocks or other areas considered to be “private areas” as determined by the manner in which the touching took place of a child under the age of fourteen. The touching can be done with any part of the offender’s body, including his own “private areas”, hands or mouth. Due to the child’s young age, he/she is deemed incapable of consenting to such a touching so consent is not an issue as it would be if the person was fourteen or older.
Indecent assault and battery on a person under fourteen requires the Commonwealth prove the victim was under the age of fourteen, defendant’s unable to argue mistake in age since this is a strict liability crime. That the touching was harmful or offensive, and that it was a touching of a “private area” with no justification. Penalties for a conviction of this offense can be up to 2.5 years in jail or if indicted up to 10 years in state prison.
A conviction would require registration with the sex offender registry board (SORB) which imposes its own strict conditions which may include a lifetime parole provision. Any term of probation will most likely carry a GPS monitoring requirement in which the defendant is not permitted to have contact with persons under a certain age and must stay away from schools or playgrounds as monitored by GPS.
It is important to get an attorney with experience in fighting sex charges. Frank Fernandez can help advise you as to what expect. It is best to get a criminal lawyer involved as soon as possible, Frank Fernandez has been able to help clients in the investigation stage of a case deal with the police and avoid criminal charges being brought all together. Please contact us for a free consultation regarding your case and how we can help.