Case Results » Indecent Assault and Battery on a Person Aged Fourteen or Older

The defendant is a non citizen who owns a substantial amount of rental property in the greater Boston area. In the fall of 2021 he rented one of his less expensive units to a young woman. The woman paid the security deposit and moved in. Her check bounced. She promised to pay and never did. Our client then commenced eviction proceedings against the woman. Fearing eviction, the woman called the police and complained that our client tried to kiss her, exposed his penis and grabbed her hand and placed it on his penis. Charges of indecent assault and battery on a person over the age of 14 in violation of G.L. c. 265 section 13H were filed. Today, we succeeded in getting the charges dismissed. 

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In April of 2023 our client, a film producer, was visiting Massachusetts. Along with some friends he went to a popular nightclub. Admittedly he had too much to drink. While at the venue, the man grabbed and groped a female employee. The matter was caught on security cameras. He was charged with indecent assault and battery on a person over the age of 14, a felony under G.L. c. 265 section 13H. Today, we finally convinced the district attorney's office to agree to pretrial probation under G.L. c. 276 section 87. All charges will be dismissed in a couple of months.

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Our client owns several pieces of residential rental property throughout the greater Boston area. In April of 2022 he was accused of sexually assaulting a tenant. He was charged with 4 counts of indecent assault and battery in violation of G.L. c. 265 section 13H. The allegations were as follows. The tenant claimed that our client asked her to accompany him for a wellness check on another tenant. In fact, there was no wellness issue. Once he had the victim in a private area in the building his proceeded to touch her breasts and buttocks without her consent as well as kissing her without her consent and placing his penis in her hand. After a trial the defendant was acquitted of all charges. 

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The defendant is a construction worker around 60 years old. His wife ran a daycare in the family home. Over three years ago the facility shut down after the owner's husband, our client was accused of raping and sexually assaulting sisters ages three and six. Here is what was alleged. In January of 2020 the father of the girls picked the children up from daycare. On the ride home, the three year old told her father that our client digitally penetrated her that day. The next day, the older sister made a similar complaint to her mother. The police were notified. The children were taken to the hospital where they were examined. Police conducted recorded interviews of the complaining witnesses and their parents, the first complaint witnesses. The district attorney's office conducted a forensic interview (SAIN) with both victims. After the investigation our client was charged with rape of a child, two counts in violation of G.L. c. 265 section 22. Several months ago we were able to get one of the counts, the one pertaining to the younger victim dismissed. The second case was reduced by the district attorney's office to an indecent assault and battery on a child under the age of fourteen, G.L. c. 265 section 13B. We went to trial on that. Today, the jury found our client not guilty of these charges. 

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Our client delivers large items such as appliances for many companies. In July of 2021 he made a delivery to a woman who lived alone. The two struck up a conversation. Our client eventually asked her for a hug. She complied with his request. However, he took matters further, touching her buttocks and breasts over her objection. The woman froze and only after the defendant left was she able to call the police. Our client was arrested and charged with indecent assault and battery in violation of G.L. c. 265 section 13H. That crime is a felony in Massachusetts. If he were to be convicted of this offense he would have had to register as a sex offender. Today, we succeeded in getting this continued without a finding (CWOF). After he completes his probation this charge will be dismissed. He will not have a felony conviction and he will not have to register as a sex offender. 

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This case was filed in 2016. The district attorney's office alleged that a young girl was sexually assaulted by our client after returning from a trip in the summer of 2008. Based on the allegations our client was charged with one count of indecent assault and battery on a child under the age of fourteen, a felony under G.L. c. 265 section 13B. We believed in our client's innocence from the minute we met him. It took us over two years to obtain records indicating that the complainant had been assaulted by someone other than our client. Then COVID hit and the case was delayed for another two years. Notwithstanding the information that we unearthed, the district attorney's office insisted on pursuing the case. We had evidence that the child told the district attorney's office that her father did this to her. We had additional evidence that the child told the district attorney's office that her aunt's boyfriend did this to her. We had evidence showing that the child complained that a boy in her daycare did this to her. Finally, today, the day of trial we succeeded in getting the case dismissed. 

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In January of 2021 a fifteen year old girl reported to the police that she had been sexually assaulted by her best friend's father at a New Year's Eve sleepover. The girl claimed that while she was sleeping she was awakened by our client with his hands in her pants rubbing the skin and pubic hair above her vagina. After the incident ended she told the defendant's daughter what had just happened. Nothing was reported to the police for over a week. Later that month our client was charged with indecent assault and battery on a child over the age of 14 in violation of G.L. c. 265 section 13H. We engaged a forensic psychologist to evaluate the defendant for risk assessment and sex offender proclivities. The evaluation was favorable. We presented it to the judge and convinced him to continue the case without a finding (CWOF). All charges will be dismissed provided our client remain free from criminal charges. 

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In October of 2020 a woman entered the lobby of a police station to report that she had been sexually assaulted by a male relative. The victim was with a lawyer at the time of the initial disclosure. She claimed that this occurred twice. The first time the defendant pulled her close to him, hugged her, slipped his hands underneath her shorts and grabbed her buttocks. He then moved his hands to her front, touching the pubic hair area above her genitals. On the second occasion the defendant started rubbing her thigh towards her private areas. A complaint issued against the defendant charging him with two counts of indecent assault and battery under G.L. c. 265 section 13H. After one and a half years of preparation we succeeded in getting all charges dismissed. The defendant, who is not a citizen, would likely have been deported absent this result. 

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The defendant owns a store in a posh Boston suburb. On June 24, 2020 a woman entered the police station and complained that her boss, the store owner, had touched her inappropriately while at work. She claimed that he grabbed her buttocks and her breasts and that he kissed her aggressively. A detective went to the story to interview the man. The detective spotted a security camera and asked for permission to see the footage. The man provided the footage. It confirmed the woman's claims and charges of indecent assault and battery on a person over the age of 14 in violation of G.L. c. 265 section 13H issued (5 counts) as well as one count of assault and battery. Our office was hired. A conviction would require sex offender registration. Today, Attorney Neyman was able to get all charges dismissed. 

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On November 24, 2019, our client who lives in another state was visiting friends in Massachusetts and attending a hockey game. The group went to a bar. The defendant became intoxicated and inappropriately touched a cocktail waitress. She immediately complained and our client was confronted by security. The establishment checked with security footage and quickly learned that the incident had been recorded. The police were called and our client was charged with indecent assault and battery in violation of G.L. c. 265 section 13H. He hired our office. We were able to get the case continued without a finding for six months. There will be no sex offender registry consequences and the case will be officiall dismissed. 

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The defendant is a well known physician. He was treating a patient who claimed that he inappropriately touched her buttocks and breast. As a result he was charged with indecent assault and battery under G.L. c. 265 section 13H. These charges were brought notwithstanding the fact that our client has a protocol that he regularly follows where no examination is conducted without the presence of a nurse, nurse practitioner or physician's assistant. He followed the protocol on this occasion as well. The complaining witness insisted that the incident occurred on a particular day. We were able to obtain all security footage showing the visitors to the office throughout the day. This person was not one of them. We eventually prevailed upon the district attorney's office to agree to a dismissal of all charges. 

This resolution of this case came telephonically due to the courts being closed

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The defendant is a non-citizen restaurant owner in Massachusetts. The complainant worked at the restaurant for many years. About fifteen months ago the complainant went to the police station to report a series of sexual assaults alleged to have been committed against her by the owner. The police department conducted a very poor, limited investigation and filed an application for a criminal complaint for indecent assault and battery under G.L. c. 265 Section 13H. If found guilty of these charges our client would likely be deported. Even a continuance without a finding would destroy the defendant's chances of citizenship. Our office was hired to defendant the accused. Discovery and pretrial motions went on for over a year. Rape allegations were also beind considered against out client involving the same victim in accordance with G.L. c. 265 Section 22. We were able to prevent this charge from being issued. We were finally able to schedule this case for trial. Today. All charges were dismissed. 

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The defendant is charged with indecent assault and battery on a child under the age of fourteen in violation of G.L. c. 265 Section 13B. This incident is alleged to have occurred twelve years ago when the victim was very young. She is now sixteen years old and has emotional and cognitive disabilities. As such, the prosecutor filed a motion to have the victim testify via videotaped deposition in lieu of having to come into court. Our office vigorously fought against that motion. We prevailed and the complainant must now testify before a jury.

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The defendant is an accountant working at a well known international accounting firm. Several weeks ago he was at a nightclub with some friends. A women in the club approached the bouncers and complained that while waiting in a line for the bathroom a man reached up her skirt and touched her genitalia with his fingers. She quickly identified our client as the culprit. The bouncer removed the man from the bar and detained him until Boston Police came to the venue. When they arrived the victim again identified our client. He was charged with indecent assault and battery in violation of G.L. c. 265 Section 13H. He hired Attorney Stephen Neyman immediately. At the arraignment Attorney Neyman presented the judge with a Rule 17 subpoena request, seeking videotape evidence from the nightclub. The judge allowed the motion. The nightclub produced the security videotape. This clearly showed that our client did not commit this case. The evidence prompted the prosecution to file a nolle prosse today. All charges are now dismissed.

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On December 25, 2017 Cambridge Police responded to a posh hotel for a report of a sexual offense. They met with a woman who worked with the housekeeping staff at the hotel. She stated that while cleaning a room the defendant approached her and touched her name tag which was over her breast. He then put his arm around her and slid it down to her buttocks and groped her. The man, a paramedic was in Massachusetts on vacation. It was his room that was being cleaned. He was charged with indecent assault and battery, G.L. c. 265 Section 13H. If convicted he would lose his job and have to register as a sex offender. He hired our office. Attorney Neyman was able to get the case continued without a finding. All charges will be dismissed.

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The defendant is a college student who needs four credits to graduate. To pay for school he would drive for Lyft. On August 26, 2017 the Lowell, Massachusetts police department was called for a complaint of a sexual assault. The complainant was a woman who had been at a bar for the evening. She called Lyft for a ride for her and three of her friends. The defendant picked them up. On the way home the victim sat in the front seat. She told the police that during the ride the defendant grabbed her hand and put it on his exposed penis. Text messages confirmed the identity of the defendant. Additionally, the victim's friends corroborated her account of the incident. A single charge of indecent assault and battery in violation of G.L. c. 265 Section 13H issued. A conviction would result in a sex offender registration requirement. Today, Attorney Neyman was able to get a continuance without a finding until December 31, 2018. At that time, all charges will be dismissed.

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On March 26, 2018 a woman contacted the police frantically complaining of having just been sexually assaulted. She claimed that a man grabbed her arms and breasts. After calming down the woman explained that around midnight she had given a homeless man she knows a coffee. The defendant was walking by at the time. Thinking nothing of him the woman left and walked home. She stood outside her home to smoke a cigarette. This other man had apparently followed her. He grabbed her and tried to push his way into her home. While doing so he fondled her breasts and repeated "I love you" and "You're beautiful". The victim resisted and was thrown to the ground. The defendant then fled. The incident was captured on a videotape. A clerk magistrate hearing was scheduled charging the defendant with indecent assault and battery on a person over the age of 14, a felony in Massachusetts. This is a violation of G.L. c. 265 Section 13H. Today, our office was able to convince the assistant clerk magistrate not to issue the complaint.

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The defendant works as a civilian on an air base in the Middle East. He served honorably in the United States Armed Forces. Several years ago he attended a party hosted by the victim. Several people drank to excess, among them the defendant and the victim. The defendant spent the night at the victim's home. She woke up in the middle of the night feeling wet and cold. She went into the bathroom and quickly realized that someone had ejaculated on her buttocks and between her thighs. DNA tests concluded that the substance on the woman was the defendant's semen. He was charged with rape, G.L. c. 265 Section 22. Attorney Neyman was hired for the defense. He was able to convince the prosecution to reduce the charges to indecent assault and battery under G.L. c. 265 Section 13H. Today, Attorney Neyman was able to get the case continued without a finding (CWOF). After a two year probationary period the case will be dismissed.

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In the summer of 2014 a woman left two of her three children with her aunt and uncle while she went on vacation with her boyfriend and toddler. She returned a week later and picked the children up at the aunt's home. She soon after heard that her eleven year old daughter who had been staying with the relatives was accusing her uncle of touching her private area and breasts while she was in bed. The prosecution investigated the case and conducted two SAIN interviews, one with the alleged victim and the other with her brother, the first complaint witness who also stayed with the relatives. The uncle was subsequently charged with two counts of indecent assault and battery on a child under the age of fourteen a felony under G.L. c. 265 Section 13B. The defendant is not a citizen. As such, nothing short of an acquittal could ensure against his deportation. After nearly two years of preparation Attorney Neyman took this case to trial. The jury found our client not guilty.

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The prosecution alleged that on March 4, 2014 members of the Boston, Massachusetts Police were dispatched for a complaint of a disturbance at a local nightclub. Officers met with the victim who stated that the defendant a patron at the establishment attempted to have a conversation with her. When she rejected his advances he grabbed her buttocks. When she complained he struck her with a fist and subsequently destroyed property at the establishment. The man was arrested and charged with indecent assault and battery and assault and battery. Today, Attorney Neyman was able to get all charges dismissed.

The prosecution alleged that on March 20, 2015 a summons went out for a man to appear in the Dorchester District Court for two charges of indecent assault and battery on a child under the age of fourteen. The summons was for an April 2, 2015 arraignment. Learning that he was in default the defendant contacted our office. Attorney Neyman appeared for the man today and removed the default. The assistant district attorney also asked for bail. Attorney Neyman opposed the request and the judge released the defendant on his own recognizance.

On February 25, 2014 a women filed a complaint with the Cambridge, Massachusetts police alleging that her roommate, a male, had inappropriately touched her in a sexual way on several occasions. The police investigated and ultimately applied for a complaint in the Cambridge District Court charging the man with indecent assault and battery. A conviction for these charges will automatically result in a sex offender registration requirement. The man hired Attorney Stephen Neyman to represent him. Today, the case was continued without a finding for six months and there was no requirement that the defendant wear a GPS device. If he remains free from criminal trouble for the next six months the case will be dismissed.

The defendant is a medical doctor practicing in the greater Boston area. The prosecution alleged that on January 9, 2014 the a woman called the Boston Police complaining that she was sexually assaulted on a date by a local doctor. The police report stated that in the early evening on that date the complainant met the defendant at a coffee shop for planned brief date. The two grabbed a coffee and went for a walk. They ended up at the defendant's home which was walking distance to the coffee shop. After a short visit the woman left. A few hours later she called the police department to report that she had been sexually assaulted by the defendant. The alleged assault consisted of a non-consensual touching of the breasts and buttocks. The police investigated by speaking with the complainant and the defendant. Charges of indecent assault and battery, a felony, were filed against the doctor. He subsequently hired Attorney Stephen Neyman. After over a year of investigation and consistent defense advocacy all charges against the defendant were dismissed,  prior to arraignment.

Quincy District Court: On August 5, 2011 Weymouth, Massachusetts police responded to a local hospital for a report of a sexual assault. The complainant stated that he and another friend met up with the defendant at a local bar. Just before leaving the bar the man stated that he had a headache. He reported that the defendant then gave him two pills. He became nauseous and started to vomit. He woke up hours later to find the defendant lying on top of him, kissing him, and rubbing his legs and thighs near his genitals. Toxicology reports indicated that the victim had doxylamine, a date rape drug in his system. Today, Attorney Neyman was able to convince the judge to continue the case without a finding. If all conditions are properly satisfied all charges will be dismissed.