Defending Indecent Assault & Battery Charges on the MBTA or Crowded Places in MA

Navigating the crowds of Massachusetts can be chaotic. Whether you are packed like sardines on the MBTA Red Line during rush hour, navigating a sweaty, shoulder-to-shoulder concert, or walking through a densely packed bar in Faneuil Hall, physical contact with strangers is unavoidable. Unfortunately, an innocent bump, a trip, or a loss of balance can sometimes be misinterpreted as a deliberate, inappropriate touch. If someone accuses you of Indecent Assault and Battery, you could face immediate arrest and severe felony-level consequences. Defending yourself requires acting fast and understanding how the law distinguishes between criminal intent and a simple accident.

What is Indecent Assault & Battery in Massachusetts?

In Massachusetts, the crime of Indecent Assault and Battery on a person aged 14 or older is strictly prosecuted under Mass. Gen. Laws ch. 265, § 13H. To secure a conviction, the prosecutor must prove beyond a reasonable doubt that you intentionally touched another person, that the touching was indecent (fundamentally offensive to contemporary moral values), and that the other person did not consent. The landmark case Commonwealth v. Burke, 390 Mass. 480 (MA Supreme Judicial Court 1983) established clear standards for what constitutes 'indecent' contact, typically involving the private areas of the body. Crucially, the prosecution must prove that your actions were intentional, not accidental.

The 'Lack of Intent' Defense in Crowded Spaces

The most powerful defense in these cases is the absolute lack of criminal intent. In a vacuum, a hand touching someone's leg or chest might look suspicious. But context is everything. Your defense attorney will aggressively paint the picture of the environment where the alleged incident occurred.

Accidental Contact During Sudden MBTA Stops

Anyone who rides the public transit system in Boston knows that the trains are frequently overcrowded and subject to violent, sudden stops. If you are standing on a packed Green Line trolley and the driver slams on the brakes, physics takes over. People fall into one another. If your hand accidentally brushes against another passenger's private area while you are trying to catch your balance or grab a handrail, you have not committed a crime. The contact was unintentional. Juries are highly receptive to this defense because the vast majority of local citizens have experienced the exact same turbulent commute.

Mistaken Identity in Dark, Crowded Bars

Bars and nightclubs in cities like Cambridge or Worcester present a different set of challenges. These environments are dark, loud, and densely packed. If a patron is inappropriately touched from behind in a crowd, they will spin around and often accuse the closest person they see. Mistaken identity is an incredibly common defense. Just because you were standing behind the victim when the assault occurred does not mean you are the one who did it. The prosecution bears the heavy burden of proving you were the specific individual who made the contact.

Crucial Evidence: Securing Surveillance Footage

When you are dealing with a 'he said, she said' situation, unbiased evidence is your only savior. Surveillance footage is the absolute best way to prove that contact was accidental or that someone else was the perpetrator.

The Ticking Clock on Video Deletion

If the incident happened on public transit, the MBTA Transit Police Department, Boston has access to a massive network of cameras on train cars and platforms. However, transit authorities and private bars do not keep security footage forever. In many cases, digital surveillance systems automatically overwrite footage every 7 to 14 days. If you wait a month to hire a lawyer, the evidence that could have proven your innocence will be permanently deleted.

You must find a lawyer immediately who can send a formal 'spoliation letter'-a legal demand to preserve the video evidence. Once the footage is secured, your attorney can review it frame-by-frame to show the judge at the Boston Municipal Court, Boston that you were shoved from behind, causing the accidental contact, or that you were standing too far away to have touched the accuser.

Legal Process and Penalties

Indecent Assault and Battery under Mass. Gen. Laws ch. 265, § 13H carries severe penalties, including up to 5 years in state prison and mandatory registration as a sex offender if convicted. Cases typically begin with an arraignment where a Form TC0048, Massachusetts, Trial Court, Application for Criminal Complaint is read against you. The stakes could not be higher. Do not attempt to explain the 'accident' to the police yourself. Use our directory to find an aggressive criminal defense attorney in Massachusetts who can secure the evidence and fight for a dismissal before your reputation is destroyed.

Frequently Asked Questions (FAQ)