Indecent Assault and Battery on a Person with an Intellectual Disability

The Commonwealth of Massachusetts takes crimes against those incapable of caring for themselves very seriously. For instance, crimes against children and those with intellectual disabilities are prosecuted with full force, and those convicted face more stringent penalties. The crime of Indecent Assault and Battery on a Person with an Intellectual Disability is designated as an aggravated assault crime, a sex crime and is a felony offense. Chapter 265, Section 13F of the Massachusetts General Laws provides that anyone having knowledge of a person’s intellectual disability commits an indecent assault and battery on a person with an intellectual disability shall be punished by:

  • First Offense: Imprisonment in the state prison for 5 years or no more than 10 years, and
  • Second or Subsequent Offense: Imprisonment in the state prison for not less than 10 years (mandatory minimum sentence).

In addition, if you are convicted of indecent assault and battery on a person with an intellectual disability you will be required to register as a sex offender in Massachusetts as required by the Sex Offender Registry Board.

In order for an individual to be convicted of indecent assault and battery, the prosecution must be able to prove beyond a reasonable doubt that:

  1. The alleged victim has an intellectual disability,
  2. The individual assaulted the victim,
  3. The assault was of an indecent nature, and
  4. The alleged victim did not consent.

The Commonwealth of Massachusetts has not taken the initiative to define what exactly constitutes indecent behavior; therefore, courts have taken it upon themselves to create a broad definition. The meaning of indecency is based on the prevailing societal views of what is unacceptable behavior. The term ‘indecent’ affords a ‘reasonable opportunity for a person of ordinary intelligence to know what is prohibited.’ Commonwealth v. Conefrey. Common examples of what is deemed unacceptable by todays standards are acts such as touching a person’s buttocks, breasts, or genitals without consent, touching other body parts inappropriate without consent such as abdomen, thighs or pubic area, and in certain circumstances, inserting your tongue into another’s mouth is indecent assault and battery Commonwealth v. Castillo.

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If you are currently facing charges of a Massachusetts criminal sex crime, such as Indecent Assault and Battery on a Person with an Intellectual Disability, it is absolutely crucial that you obtain legal representation from an experienced Massachusetts criminal defense attorney. Charges of this nature are very serious matters that can have damaging repercussions on your life. With more than 18 years of experience, The Law Office of Patrick J. Murphy has defended many clients against even the most serious of charges. Attorney Murphy is extremely devoted to his work, and he will fight for his clients until he has resolved their case with the best possible outcome. Whether you are facing allegations, an investigation, an arrest or formal charges for any sex-related crime, your choice for legal representation will likely impact the outcome of your case. Call us immediately at (617) 367-0450 or complete the confidential contact form on our website.

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