Assault and battery is a criminal offense that can carry some stiff penalties and fines, and in some instances can come with jail time. Indecent assault and battery is a special classification that is more serious and can lead to different consequences. Indecent assault and battery is defined as any unwanted sexual contact that you have with someone without the addition of rape. It can involve the use of force, the threat of force or violence, or violence against another person.
The person who is accused of indecent sexual assault and battery has taken sexual liberties with another participant. It is possible for a person to be accused of both sexual assault and indecent assault, depending on the severity of the crime and the perpetrator’s actions. The behaviors don’t always have to be violent; sometimes they can be something pretty mild. But the problem is that if you are found guilty, the charges can come with significant consequences.
Some examples of indecent sexual assault:
- Rubbing up against someone for the purpose of sexual pleasure if they didn’t give consent
- Touching any private part of a person without their consent
- Touching someone in a sexual nature on any part of the body, without that person’s consent, with the intent of sexual gratification
A person can also be charged with indecent assault and battery if they expose themselves sexually to someone without consent. So it isn’t just about touching someone in an indecent and sexual way; exposing yourself to someone else may also lead to indecent assault and battery charges. There are severe consequences for someone who is charged with criminal indecent assault and battery, and they are even harsher if the assault victim is a minor.
How to prove indecent assault and battery
Just because someone makes you uncomfortable, that doesn’t necessarily mean that they are guilty of a crime. If you want to prove that someone has touched you inappropriately, sometimes it is your word against theirs. What’s worse, if it has happened to your child, it can be increasingly difficult to prove their word is real or that they know what they are talking about. Some states don’t make a distinction between indecent sexual assault and rape, while others do. Since rape is easier to prove because there is physical evidence, it is most highly prosecuted.
If you are alleging that someone has engaged in indecent assault and battery, that is a lower-level sexual crime versus first-degree sexual assault, which carries a much stiffer penalty. There are various forms of crimes under the “sex offenses” umbrella, indecent assault and battery being just one of them.
To prove your case in court
Since sometimes indecent assault and battery can be nonviolent, it is important to report any incidents regardless of whether or not you think that your child is just confused. Children often make up stories, which is why indecent sexual assault can be overlooked. But if they tell you something that makes you question the behavior of someone they know, who holds authority status above them, or someone they come into contact with, then it is always best not to let it go. Just because it was a touch this time does not mean that it won’t escalate to a violent crime next time. It also doesn’t mean that it isn’t damaging – to a minor or an adult.
The first thing to do if you think that you or your child has been a victim of indecent sexual assault is to notify the proper authorities. Make sure that the adult in question does not have any more contact with your child, or any child for that matter. The police will be able to investigate the matter, and hopefully keep your child safe from any further incidents.
The second move is to file a claim against the individual through local law enforcement to make sure that they protect your child. You also might want to remove your child from any environment that might potentially leave them alone with the person that they have made allegations against.
Although it’s a sexual crime, indecent sexual assault is different from other sex crimes; it is all about behavior and the perception of those behaviors. If you are an adult, then remove yourself from the perpetrator and make a claim. If you are worried that someone has abused your child or another minor, then file a formal claim to ensure that the matter is investigated and your child is protected.
