Sexual Assault Attorney in Boston – Indecent Assault & Battery Lawyer

Indecent assault & battery on a child under the age of 14 is considered a very serious sex crime in the Commonwealth of Massachusetts. If you are searching for a trusted sexual assault attorney in Boston, it’s important to understand the implications of these charges and how the local court system handles such cases.

This charge is prosecuted aggressively by both the Suffolk County District Attorney’s Office and other prosecuting authorities across Greater Boston. Not only are these cases emotionally charged, but the legal landscape is complex and evolving. Massachusetts courts handle such allegations with particular rigor; convictions can carry some of the harshest penalties permitted by state law. Additionally, judges and juries in Boston are often well-versed in the nuances of criminal statutes regarding sexual offenses, making it crucial that defendants have effective, knowledgeable legal counsel to ensure their rights are protected.

Contact us to schedule a case evaluation for your indecent assault & battery case today.

Understanding Sexual Assault Laws & Legal Process in Boston

Sexual assault laws in Massachusetts are governed by Massachusetts General Laws Chapter 265. These statutes outline a wide range of offenses, including indecent assault & battery, rape, aggravated sexual assault, and related charges. If you are seeking a sexual assault lawyer in Boston, you will want an advocate familiar with how allegations are investigated by local law enforcement and specialized units, such as the Boston Police Sexual Assault Unit, with cases often proceeding through the Suffolk County Superior Court or Boston Municipal Court. The legal process begins with an investigation, followed by potential arrest, arraignment, pretrial hearings, and trial. Defendants should understand that the Commonwealth has significant resources, including forensic experts, victim advocates, and prosecutorial units dedicated to these cases. Having a sexual assault attorney in Boston who knows the court system inside and out is key to navigating this challenging process, advocating for your rights, and seeking the best available outcome under local law.

Anyone accused of sexual assault in Boston faces additional community and reputational risks due to the close-knit nature of many neighborhoods and the vigilant reporting of local media. Brad Bailey Law leverages extensive trial experience and thorough familiarity with the Suffolk County court system to mount a nuanced, thorough defense tailored to the complexities of local prosecution trends and evidentiary standards.

Section 13B1/2 states:

“Whoever commits an indecent assault & battery on a child under the age of 14 and: (a) the indecent assault & battery was committed during the commission or attempted commission of the following offenses: (1) armed burglary; (2) unarmed burglary; (3) breaking & entering; (4) entering without breaking; (5) breaking & entering into a dwelling house; (6) kidnapping; (7) armed robbery; (8) unarmed robbery; (9) assault & battery with a dangerous weapon or assault with a dangerous weapon; (10) home invasion; or (11) posing or exhibiting child in state of nudity or sexual conduct.”

In regard to prosecution, the law also states:

“A child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.” 

Contact Brad Bailey Law to schedule a case evaluation with an accomplished sexual assault attorney.

According to the Commonwealth of Massachusetts, indecent assault & battery of a child is unwarranted, unconsented, and intentional touching of the private areas of a child’s body. Massachusetts law recognizes the sensitivity and seriousness of these charges, making it essential to consult a knowledgeable sexual assault lawyer in Boston before taking any further action.

Private areas include:

• Genital areas
• Pubic areas
• Buttocks
• Breasts
• Abdomen

The child may be clothed or unclothed when the alleged crime occurs. Therefore, defending oneself against an indecent assault & battery charge in Massachusetts can be challenging, complex, and time-consuming. An experienced sexual assault attorney in Boston will understand nuances specific to Massachusetts and craft a defense strategy with local context in mind.

What the Commonwealth Must Prove for a Sexual Assault Conviction in Boston

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

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

Understanding the specific challenges in these cases is essential for anyone facing such charges in Boston. Prosecutors often rely heavily on the testimony of the alleged victim and may call upon child psychologists and medical professionals from local hospitals, such as Boston Children's Hospital, to provide evidence regarding the psychological or physical impact of the alleged offense. Legal defense strategies may involve challenging the credibility of witnesses, the interpretation of forensic evidence, or the motivations behind the accusations, which is particularly nuanced in cases involving family members, caregivers, or close acquaintances. Given the stakes involved, having a seasoned sexual assault lawyer in Boston familiar with Boston’s court procedures can make a significant difference in how these elements are addressed during trial.

Possible Defenses to Sexual Assault Charges in Massachusetts

Building an effective defense in a sexual assault case involves careful examination of all facts, procedures, and evidence. A sexual assault attorney in Boston will assess the credibility of the accuser, challenge the validity and collection methods of forensic or DNA evidence, and analyze the conduct of police and investigators for any procedural errors. Common defenses include mistaken identity, insufficient evidence, consent, improper police conduct, and flaws in how the case was handled by law enforcement. It is also possible to highlight inconsistencies in witness statements or point to a lack of corroborating evidence from physical or digital records. These are critical areas of analysis for an experienced sexual assault lawyer in Boston.

Each defense strategy must be tailored to the specific details of your circumstances and the forum in which the case is prosecuted. Brad Bailey Law draws on thorough experience with Massachusetts law, prior prosecutorial insight, and knowledge of Boston’s court protocols to devise arguments that address the strengths and weaknesses unique to local proceedings. By working proactively from the outset—such as filing pretrial motions to suppress evidence or interviewing key witnesses—our team ensures every available avenue is explored in your defense if you are facing sexual assault charges in Boston.

Significant Consequences If Convicted of Sexual Assault or Indecent Assault & Battery in Massachusetts

In Massachusetts, if a person is found guilty of this crime, they could face up to ten years in state prison or up to two and a half years in county jail. Substantial fines may also be imposed, along with mandatory registration with the Massachusetts Sex Offender Registry Board (SORB). Consulting with a qualified sexual assault lawyer in Boston as soon as possible can be critical in seeking to mitigate or avoid these consequences.

Conviction of indecent assault & battery in Boston can have far-reaching negative effects extending well beyond serving a sentence. A conviction can permanently alter your life, limiting employment opportunities, your ability to secure housing, and even family relationships. Boston-area employers, educational institutions, and landlords frequently conduct criminal background checks, and a sex crime conviction can result in immediate disqualification from competitive opportunities. In addition to SORB registration, you may be subject to restrictions on where you can live and requirements to notify local law enforcement when moving into new neighborhoods such as Back Bay, Dorchester, or Beacon Hill. As Greater Boston is a densely populated area with vigilant community watch programs and active local media, the reputational consequences of being convicted are severe and often publicly visible. To build a rigorous defense, speak to a sexual assault attorney in Boston who is knowledgeable about both the legal and social impacts of these charges.

What to Expect in Boston Sexual Assault Investigations & Court Proceedings

When facing a sexual assault accusation in Boston, the investigation typically begins with reports to local law enforcement agencies such as the Boston Police Department or Massachusetts State Police. Specially trained officers and the Suffolk County District Attorney’s Office may initiate interviews, gather forensic evidence, and consult medical and psychological professionals. Charging decisions, bail hearings, and arraignments are generally conducted at courts like Boston Municipal Court or the Suffolk County Superior Court and require the attention of an adept sexual assault attorney in Boston.

Each step of the process involves procedural complexities—from probable cause hearings to the handling of evidence and witness testimony. Clients working with Brad Bailey Law benefit from guidance informed by years of local experience, giving them the insight to anticipate next steps, understand prosecutorial tactics, and prepare thoroughly for every hearing or negotiation. Our understanding of Boston-specific case progression ensures you are never left in the dark about what to expect or how to best assert your legal rights at each stage. Seeking qualified representation from a sexual assault lawyer in Boston can make an invaluable difference throughout this process.

Federal Indecent Assault & Battery and Sexual Assault Charges

Federal indecent assault & battery charges come with severe consequences as well. Hiring a sexual assault attorney in Boston with federal trial experience is especially critical if your case has federal implications.

While federal prosecutions of indecent assault & battery are less common than state cases, they generally arise when offenses occur on federal property, such as at a national historical site within Boston, or involve individuals from different states. Defendants prosecuted at the federal level face the power and resources of the United States Attorney’s Office, and proceedings take place in the U.S. District Court for the District of Massachusetts, located in Boston’s Seaport District. The complexities of federal law, higher sentencing guidelines, and mandatory minimums mean that even cases that might be handled in local courts at the state level can result in more severe sanctions when prosecuted federally. Retaining a defense attorney with extensive experience in both Massachusetts and federal courtrooms is essential for mounting a comprehensive and effective defense. If you are charged federally, you need to consult a sexual assault lawyer in Boston recognized for proven results in both state and federal courtrooms.

The federal definition of assault & battery is:

“Although colloquially used interchangeably, in many jurisdictions, assault & battery are distinct crimes. In such jurisdictions, assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact. Assault is a lesser included offense of battery, meaning that assault merges into battery and that a defendant may be punished for one but not both crimes.”

Why Choose Brad Bailey Law as Your Sexual Assault Lawyer in Boston?

When you are facing sexual assault or indecent assault & battery charges in Boston, having a lawyer with a rare combination of prosecutorial insight and high-stakes defense experience makes all the difference. Brad Bailey’s decades of criminal trial work, including his service as a former state and federal prosecutor in Massachusetts, affords clients a strategic advantage in anticipating opposing counsel’s tactics and understanding the evidentiary burdens prosecutors must meet. These skills set Brad Bailey apart as a highly effective sexual assault attorney in Boston.

Clients at Brad Bailey Law benefit from personalized, responsive service at every stage—from initial consultation and strategy formation to motion hearings and trial presentation. We offer:

• Proven, Recognized Legal Acumen: Brad Bailey’s background as a Harvard and UVA Law School graduate, undefeated record in federal trials, and status as a Top 10 Criminal Defense Attorney in Massachusetts by The National Academy of Criminal Defense Attorneys set our firm apart as a leading sexual assault lawyer in Boston.
• Mastery of Boston Court Procedures: With years of experience litigating in Suffolk County Superior Court, Boston Municipal Court, and U.S. District Court, we know how local prosecutors work and how to leverage Massachusetts law to your advantage—core strengths for a sexual assault attorney practicing in Boston.
• Compassionate, Discreet Representation: We believe every client deserves dignity and a vigorous defense. Your privacy, reputation, and future are paramount in all we do.

This holistic approach, honed by Brad Bailey’s career on both sides of the courtroom, ensures clients receive not just legal strategy— but decisive, dedicated advocacy tailored to the unique challenges of sexual assault allegations in Boston. If you are seeking a sexual assault lawyer in Boston prepared to defend you with integrity and skill, Brad Bailey Law is ready to help.

You Need an Experienced Boston Sexual Assault Attorney

A federal or state indecent assault & battery charge could be incredibly damaging if the person is found guilty. That is why it is necessary to seek representation from a lawyer with strong credentials related to defending clients against such charges. The attorney should have jury trial experience in cases involving indecent assault & battery, as well as a significant history of success in this area. Engaging a reputable sexual assault attorney in Boston is essential for mounting a robust legal defense.

Hiring a sexual assault attorney in Boston who understands local court protocols and the expectations of Massachusetts judges and juries is vital for those facing such serious allegations. The judicial climate in Boston is shaped by recent legislative reforms and local advocacy, making it increasingly important to hire a defense lawyer who is both current on changes in statutory requirements and familiar with law enforcement trends in Suffolk County and surrounding areas. Whether charges originate from a Boston Police Department investigation or a Massachusetts State Police task force, your sexual assault attorney in Boston should be prepared to challenge the prosecution at every stage. Early representation allows for the careful preservation of evidence, timely filing of defense motions, and protection of your constitutional rights as your case progresses through the Boston municipal and superior court systems.

Frequently Asked Questions About Sexual Assault Defense in Boston

What should I do if I am accused of sexual assault in Boston?

If you have been accused of sexual assault in Boston, it is important to avoid making statements to law enforcement or anyone else until you have spoken to a qualified sexual assault attorney in Boston. Anything you say can be used against you, even informal comments to investigators or acquaintances. Contacting a sexual assault lawyer in Boston right away ensures your rights are protected, allows for timely preservation of evidence, and enables your legal team to provide immediate advice about next steps. Brad Bailey Law has extensive experience in Boston’s legal system and can help you understand your options, coordinate communication with authorities, and develop a defense strategy tailored to Massachusetts law and Suffolk County court protocols.

How are sexual assault charges investigated in Boston?

Sexual assault investigations in Boston are often conducted by the Boston Police Department's Sexual Assault Unit or by Massachusetts State Police in collaboration with local agencies. Investigations may involve interviews with the accuser, suspect, and potential witnesses, as well as the collection of evidence such as DNA, clothing, electronic devices, or surveillance footage from Boston-area locations. Medical evaluations may be conducted at nearby hospitals, including Boston Medical Center or Massachusetts General Hospital. This process is designed to be thorough but may contain errors or misinterpretations; a seasoned sexual assault lawyer in Boston can review investigative procedures and challenge flawed evidence or improper conduct by law enforcement where appropriate.

Will I have to register as a sex offender if convicted of sexual assault in Massachusetts?

Most sexual assault convictions in Massachusetts, including indecent assault & battery, require mandatory registration with the Sex Offender Registry Board (SORB). Registration status is typically public, and registrants often face strict limitations on where they live and work, especially in and around Boston neighborhoods. The specific requirements can depend on the level and nature of the offense, as well as any prior criminal history. An experienced sexual assault attorney in Boston can explain the registration process in detail and will explore every available defense that could limit or prevent the need for registration as part of your case strategy. Brad Bailey Law stays current with changes in Massachusetts sex offender registration laws and guides clients through these demands with clarity and support.

Can sexual assault charges in Boston be resolved without going to trial?

Many sexual assault cases in Boston are resolved without a full trial. Depending on the facts, evidence, and the strength of the Commonwealth’s case, options such as case dismissal, charges reduced through negotiation, or plea agreements can sometimes be achieved. Early investigation by your defense counsel, proactive filing of legal motions, and experienced negotiation with the Suffolk County District Attorney are all crucial steps that may open the door to resolving your case favorably. At Brad Bailey Law, we thoroughly evaluate each case’s merits and provide honest, direct advice about all options, helping you make informed decisions about whether to pursue negotiations or contest the charges in court. For those seeking a sexual assault attorney in Boston who can help navigate these critical decisions, we’re ready to provide guidance.

What factors make Boston sexual assault cases more complex?

Boston sexual assault cases can be particularly complex due to factors like high media attention, the presence of local advocacy organizations, the multi-layered court system, and the resources devoted by the Suffolk County District Attorney’s Office. Cases involving college campuses, historical institutions, or incidents on federal property near Boston’s landmarks may add additional legal complications. An attorney familiar with these local intricacies, as well as relevant Massachusetts and federal law, is essential to navigating the process and building a strong defense. Brad Bailey Law is deeply familiar with Boston’s unique legal landscape, offering guidance that accounts for all relevant city- and court-specific challenges for clients in need of a sexual assault lawyer in Boston.

How do I choose the right sexual assault attorney in Boston?

Choosing the right sexual assault attorney in Boston means evaluating credentials, courtroom experience, and familiarity with local courts and prosecutors. Look for lawyers who offer transparent communication, have significant trial experience, and provide personalized strategies for your situation. Brad Bailey’s unique combination of prosecutorial background, a record of never losing a federal trial, and national recognition on complex criminal matters make Brad Bailey Law a premier choice for those seeking strong, vigorous defense against serious sexual assault allegations in the Boston area.

Why Schedule a Consultation With Brad Bailey Law?

With years of experience defending clients in these types of cases, Brad Bailey is equipped to represent your case from beginning to end. Notably, he defended indecent assault & battery cases including: Commonwealth v. Ma, Commonwealth v. Hallum, Commonwealth v. Turner, and Commonwealth v. Ericson. These are examples of his long history representing clients as a sexual assault attorney in Boston courtrooms.

Anyone accused of sexual assault or indecent assault & battery in Boston should seek legal representation as soon as possible. Early intervention is critical for reviewing police reports, conducting a thorough investigation, and collecting exculpatory evidence before memories fade or evidence becomes less accessible. By contacting Brad Bailey Law, you gain access to the skills and judgment of a top-rated sexual assault attorney in Boston who has handled cases in local venues such as Suffolk County Superior Court and the Boston Municipal Court. Brad Bailey’s ability to anticipate prosecution strategies, combined with compassionate advocacy, provides clients with confidence and clear guidance during every phase of the legal process. Whether your case involves negotiation, motion practice, or jury trial, our firm is dedicated to protecting your livelihood, freedom, and reputation.

Accolades & Accomplishments:

• Earned “Outstanding Prosecutor” rating while Assistant U.S. Attorney in Boston.
• Veteran of nearly 100 state & federal jury trials.
• Named by The National Academy of Criminal Defense Attorneys as one of Massachusetts' Top 10.

Attorney Brad Bailey understands that an indecent assault & battery charge can destroy your reputation, employment prospects, and quality of life. Our Boston criminal defense attorneys know this is likely the most challenging time of your life, and our firm will treat you with the utmost respect, dignity, and compassion. We will aggressively defend your rights and pursue every means available to ensure the best possible outcome for you. If you are seeking help from a sexual assault lawyer in Boston, we will stand with you each step of the way.

Contact Our Boston Indecent Assault & Battery Attorney for a free consultation with a sexual assault attorney in Boston!