Brad Bailey Boston Criminal Defense Attorney
with a National Reputation for Excellence

"Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished."

To prove a defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

1. That the alleged victim was at least fourteen years of age at the time of the alleged offense.
2. That a defendant committed an assault and battery on the alleged victim. Assault and battery is essentially the intentional touching of another person, without legal justification or excuse.
3. The Commonwealth must prove beyond a reasonable doubt that the assault and battery was "indecent" as that word is commonly understood, measured by common understanding and practices.
4. Fourth: The Commonwealth must prove beyond a reasonable doubt that the alleged victim did not consent.