Massachusetts Sexual Assault Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed May 29, 2025
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
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 Code Sections |
|
---|---|
Elements of Indecent Sexual Assault and Battery Under Massachusetts Sexual Assault Laws |
|
Types of Aggravated Indecent Sexual Assault and Battery Under Massachusetts Sexual Assault Laws |
Aggravated Indecent Assault and Battery on a Child Under 14 (MGL 265 § 13B1/2): A person is guilty of this crime if they engaged in indecent touching while committing specific felony offenses. The state can also charge a defendant with this sex crime if they are a mandated reporter. This offense carries a mandatory minimum sentence of five years, and the maximum sentence is ten years. |
Mandatory Sex Offender Registration? |
Yes, many defendants who are guilty of indecent assault and battery, regardless of the victim’s age, must register with the Massachusetts Sex Offender Registry Board. |
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.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.