Articles Posted in Indecent Assault and Battery

The Lowell Sun reported that a Middleton man, Haralambos Katsikis, pleaded not guilty in a Lowell courtroom to nine counts of indecent assault and battery on a person over fourteen years old. The complaining witnesses are five former waitresses or hostesses at Stelio’s restaurant. The former employees claim that Katsikis made “sexualized-comments” and unwanted advances which ultimately led to their termination by firing or quitting.

In Massachusetts, indecent assault and battery is a felony. If a defendant is convicted for this offense he or she faces up to five years in state prison or two and one half years in jail. In order to secure a conviction for indecent assault and battery the government must prove beyond a reasonable doubt that the defendant committed an act that was fundamentally offensive to “contemporary moral values.” Conduct that is indecent may consist of an unpermitted touching that society would regard as immodest and improper because of its sexual overtones, such as a touching of the breasts or genitalia. This offense requires the government to prove that the defendant possessed the specific intent to engage in the conduct.

If you have been charged with this type of offense it is imperative that you have an experienced Massachusetts defense attorney on your side. Ensuring that the correct jury instructions are requested, such as the necessity to charge on specific intent, can make the difference between a guilty verdict and a not guilty verdict. Furthermore, depending on the circumstances, convictions of this type can have collateral consequences of having to register as a sex offender.

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Fifty-two year old Mariano Liriano of Lawrence Massachusetts was arrested and charged with indecent assault and battery on a person over fourteen years old. The Lawrence Eagle Tribune reported that a seventeen year old girl accused Liriano of putting his hand on her leg and moving it up. According to the Tribune, the pair knew one another. The woman told Liriano to stop and he gave her a ride home. When she returned home she called the police. Liriaano was arrested at his home and charged with indecent assault and battery on a person over fourteen.

In Massachusetts, the crime of indecent assault and battery is a felony. A conviction for this offense carries a sentence of up to two years in jail or five years in state prison. See, M.G.L.A. 265 § 13H.
In Massachusetts, there are two theories under which the government can prosecute a person for assault and battery. The most common one is the intentional touching of another person without consent. A second way in which a person may be found guilty of assault and battery us when, instead of engaging in intentional conduct, an individual engages in reckless conduct that results in physical injury.When the police respond to a call for a “domestic violence” the police generally place someone under arrest. If you find yourself in this situation you must contact an experienced domestic violence attorney to protect your rights and ensure that a civil restraining order does not issue requiring you stay away from your home, your children or your spouse. Although a restraining order is considered a civil order if you are charged with violating that order it is criminal offense.

To be considered an “indecent” assault and battery the touching must be fundamentally offensive to contemporary moral values. There is no particular definition relative to the what conduct specifically constitutes that crime.

A conviction for indecent assault and battery also has collateral consequences of having to register as a sex offender with the sex offender registry board. This requirement can be onerous and interfere with employment and volunteering opportunities.

If you are charged with the crime of indecent assault and battery or assault in battery in the Boston Massachusetts area you must have an experienced defense attorney on your side to ensure that your rights are protected. Pre-trial investigation and interviews are important so that a viable defense can be mounted from the outset. In these types of cases where the parties know one another a thorough investigation of the complaining witness is essential so that all bias and motives can be exposed.

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According to the Boston Herald, a Middlesex County Grand Jury has returned indictments charging former Melrose YMCA girl’s basketball coach James Conner from North Reading Massachusetts with sexual assaults including rape and indecent assault and battery. The Herald reports that Middlesex District Attorney Gerry Leone maintains that Conner assaulted the victims over several years at his North Reading home. Conner is charged with raping two of his players and videotaping his sexual assaults with hidden cameras.

Conner posted $25,000 bail following his first arraignment in February. The court has not set a new date for arraignment relating to the new charges.

If Conner is convicted for rape he faces the potential of life in prison. In view of the fact that it is alleged that the victim is a “minor” Conner is likely charged with statutory rape. In those circumstances, consent is not a defense. Relative to the charge of indecent assault and battery on a person under fourteen, M.G.L. Chapter 265 section 13 B provides for a punishment in state prison for up to ten years. Additionally, relative to prosecution under this section, 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.

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Richard Jones of Marblehead, Massachusetts is a janitor at an elementary school in that town. He now stands indicted on four counts of rape of a child with force and four counts of indecent assault and battery on a person under the age of fourteen. According to reports, two of the victims were from Marblehead and one of the victims was from Peabody. They complained that Jones touched them inappropriately, forced them to perform oral sex on him and digitally penetrated them. The allegations pertaining to the Peabody girl stem from incidents alleged to have occurred between 1982 and 1986. The allegations pertaining to the other victims are more recent, ending in 2007. This case will be prosecuted in the Essex County Superior Court in Salem.

Read Article: Child Rape Charges Issue For Marblehead Man

Rape of a child with force is a crime under G.L. c. 265 Section 22A. The law states that anyone who has forcible sex with a person under the age of sixteen can be punished in state prison for up to life. A conviction for a second offense under this statute carries a minimum mandatory five year state prison sentence. The indecent assault and battery charge is governed by G.L. c. 265 Section 13B. There is a ten year state prison sentence authorized by this statute.

The very nature of these cases makes them difficult to defend. The natural reaction for someone reading about charges is “Why would anyone make up a story like this”. There are countless answers to this question making it imperative that you hire the right Massachusetts Sex Crimes Defense Lawyer to defend you if you are charged with one of these crimes.

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The Boston Globe recently reported that a girls basketball coach at the Melrose YMCA was arrested and charged with rape and indecent assault and battery on a child under fourteen. According to the Boston Globe, the Middlesex County District Attorney alleges that the Reading defendant, “. . . over the course of a number of years, violated the trust placed in him as a coach of young girls and sexually assaulted this young victim.” The North Reading Police Chief stated that, “Because of the way that the suspect operated, our investigators are concerned that there could be additional victims who have not yet come forward.” The Reading resident was arraigned in the Woburn district court. However, the Middlesex County Grand Jury will likely indict the defendant and the case will proceed through the Middlesex Superior Court now located in Woburn, MA.

The maximum penalty for the crime of rape [M.G.L.A. 265 § 22] is life in prison. In order for the District Attorney to prove someone guilty of rape, it must prove that the defendant compelled another to have intercourse by force against an individual’s will or compelled by threat of bodily injury. Although the crime of rape in Massachusetts is a crime of violence, the force used to accomplish the rape need not be physical force. Additionally, in certain circumstances the force necessary for the District Attorney to prove rape may be constructive force as well as physical force, violence, or threat of bodily harm. However, if Commonwealth relies on constructive force it must also prove that sexual intercourse was against the victim’s will.

The maximum sentence for a defendant who is convicted for indecent assault and battery on a child under fourteen [M.G.L.A. 265 § 13B ] for the first time is two and one half years in jail or ten years in state prison. For proceedings under this statute, a person under fourteen years of age is considered incapable of consenting to the conduct of the defendant.

In Massachusetts, a touching is considered indecent when the conduct of the defendant violates social and behavioural expectations to such a degree that A touching is indecent, within meaning of statute governing indecent assault and battery, when, judged by the normative standard of societal mores, violates social and behavioural expectations, in a manner which is fundamentally offensive to moral values and which the common sense of society would regard as immodest, immoral and improper.

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