Massachusetts Sexual Assault Laws

Massachusetts law defines sexual assault as any crime where the offender subjects their victim to unwanted and offensive sexual touching. In sexual assault cases, the defendant forces unwanted sexual contact on the victim. It can involve groping, fondling, or actual inappropriate touching. There is no requirement that sexual intercourse or penetration take place.

It’s important to understand that rape is a type of sexual assault. However, not all sexual assaults involve rape. For example, law enforcement would consider a person grabbing someone else's buttocks without their permission to be sexual assault, even though there is no actual sex.

This article explains how Massachusetts sexual assault laws work, including the penalties and defenses to these sex crimes. If you’re facing sexual assault charges, it's a good idea to contact an experienced Massachusetts criminal defense lawyer.

Types of Sexual Assault in Massachusetts

The State of Massachusetts refers to sexual assault as indecent assault and battery. The terms can be used interchangeably.

Massachusetts law lists two categories of sexual assault. The first is indecent assault and battery, and the second is aggravated sexual assault. If a defendant causes harm to their victim as a result of the indecent assault, the state will elevate the charges to aggravated indecent assault.

If the victim requires medical attention after a sexual assault, it becomes a case of aggravated sexual assault. Aggravated sexual assault carries much harsher penalties, including a longer prison sentence.

The crime of indecent assault and battery involves a defendant manipulating, coercing, or forcing sexual contact on their victim. The same is true for aggravated sexual assault. A conviction for either of these sex crimes will result in a prison sentence and mandatory registration with the Massachusetts Sex Offender Registry Board.

Elements of the Crime

The state must prove each element of a criminal offense to convict you. If you’re facing criminal charges for sexual assault, aggravated sexual assault, or aggravated rape, you should know what these elements are.

The elements for indecent assault and battery are as follows:

• The victim is at least 14 years of age
• The defendant intended to touch the victim
• The defendant actually touched the victim
• The touching was offensive, unwanted, or harmful
• The touching was indecent
• The defendant had no legal justification to touch the victim
• Lack of consent

Massachusetts law defines indecent touching as follows:

• The defendant touched their victim’s private parts
• The offender forced, coerced, or manipulated their victim into touching the defendant’s private and intimate body parts

When the alleged victim is over the age of thirteen, consent is a defense. If the victim is under 14 years old, consent is not a defense for an adult unless they suffer from a physical or intellectual disability.

Indecent Sexual Assault of a Child Under the Age of 14

The Commonwealth of Massachusetts treats the indecent sexual assault of a child seriously. The elements of the crime are the same as those for someone over the age of 14. However, if a defendant assaults a child under 14 years of age, an older adult, or someone with a disability, the penalties are much harsher.

Massachusetts Sexual Assault Laws at a Glance

The following table highlights the main provisions of Massachusetts sexual assault laws. For more information, check out FindLaw's articles on rape, statutory Rape, and sex offenders and sex offenses.

Massachusetts Sexual Assault Laws Related Resources

If you or someone you know is the victim of sexual assault, contact any of the following resources:

• National Sexual Assault Hotline: 1-800-656-HOPE
• Massachusetts Law Enforcement

Facing Sexual Assault Crimes in Massachusetts? A Criminal Defense Can Help

If you or a loved one is facing sexual assault charges in Massachusetts, consider reaching out to a criminal defense attorney. The penalties for these crimes are severe and will impact your personal and professional life. An experienced Massachusetts criminal defense lawyer will work hard to gain an acquittal or negotiate a favorable plea deal.