Boston Sexual Battery Lawyer
Boston sexual battery charges should never be taken lightly; a conviction of sexual battery will follow you for the rest of your life. If the victim suffered serious bodily injury, the victim was a child, or there was a weapon involved, you face even more strict punishment. Whether you committed the offense or not, you have rights. To fight these charges and to ensure that your rights are fully protected, you need to enlist the help of an experienced, professional Boston sexual battery lawyer at once.
Indecent Assault and Battery in Massachusetts
If you have been charged with indecent assault and battery, you have been accused of unjustified contact with another’s private areas and you will certainly require an experienced Boston sexual assault lawyer to help prove your innocence. For example, the term private areas is vague, and includes clothed and unclothed contact as well as other definitions that are open to interpretation. Generally, a victim’s private areas includes:
- Genital area;
- Pubic area;
- Thighs; and
Indecent assault and battery is punishable by up to five years in state prison or up to two and a half years in jail, if the defendant was 14 years old or older at the time of the assault, under Massachusetts General Laws Chapter 265, Section 13H, However, if the victim was an elderly or disabled person, the maximum prison sentence is raised to 10 years. A second offense is punishable by up to 20 years in prison.
Aggravated Sexual Assault
An even more grave offense to be charged with is aggravated sexual assault, or rape. Aggravated sexual assault requires the following:
- Sexual intercourse or unnatural sexual intercourse (such as fellatio or cunilingus);
- Lack of consent;
- The use of threat or force to cause the victim into submission.
Aggravated sexual assault in Massachusetts is punishable by up to 20 years in prison.
Sex Offender Registry Board
All individuals who have been convicted of rape/aggravated sexual assault or indecent assault and battery must register as sex offenders with the Massachusetts Sex Offender Registry Board. This means that anyone can do a quick internet search and discover your criminal sexual offense past. Being on a sex offender list is a form of punishment that lasts much longer than any jail or prison sentence.
Was Consent Given?
A vital element of any sexual assault charge is that of consent. If the victim gave consent, then no crime was likely committed. However, if the victim gave consent then withdrew consent before or part way through the sexual actions, a rape charge or indecent assault and battery charge may still apply.
Call a Boston Sexual Assault Defense Lawyer for Help Today
Whether you have been charged with indecent assault and battery or aggravated sexual assault, it is critical that you get in touch with an lawyer as soon as possible. Do not hesitate to contact the Leontire and Associates, P.C. in Boston today.