Certain Definitions Under Massachusetts Law

Domestic Violence 

Massachusetts does not have criminal statues explicitly addressing domestic violence, acts that constitute domestic violence are criminalized under sections of the Massachusetts General Law. Additionally, there is an abuse prevention statute that defines family/ dating relationships and provides a legal framework for obtaining protective orders. 

Civil Proceedings/ Restraining Orders: 

Complaints under the abuse prevention and harassment prevention statutes are civil proceedings. However, violations of resulting court orders can result in criminal charges. 

M.G.L. c. 209A (Abuse Prevention), deals with abuse prevention and provides a legal framework of protection for individuals experiencing domestic violence, including restraining orders against an abuser. The law defines abuse as the following acts between family or household members:

(a) attempting to cause or causing physical harm, 

(b) placing another in fear of imminent serious physical harm, or 

(c) causing another to engage in sexual relations involuntarily by force, threat, or duress. 

(d) coercive control- recognizes coercive control as a form of abuse involving patterns of manipulation, intimidation, or domination that harm a person's autonomy and well-being, often in domestic or intimate partner relationships 

''Family or household members'', are defined as persons who:

(a) are or were married to one another;

(b) are or were residing together in the same household;

(c) are or were related by blood or marriage;

(d) having a child in common regardless of whether they have ever married or lived together; or

(e) are or have been in a substantive dating or engagement relationship.

M.G.L.c 258E (Harassment Prevention) lays out legal protections for those experiencing harassment, defined as three (3) or more acts of willful, malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property that does cause fear, intimidation, abuse or property damage, or an act that by threat, force or duress causes another to involuntarily engage in sexual relations.

The court can order the defendant to refrain from abuse or harassment, prohibit contact, order the defendant to stay away from victim’s home or place of work, and require monetary compensation. 

Criminal Offenses: 

M.G.L. c. 265, § 13M (Assault and Battery on a Family or Household Member), outlines the legal definitions and consequences for assault and battery on a family or household member. 

The law defines a family or household member as a spouse or former spouse, a person with whom the defendant has a child, a person who has been in a substantive dative relationship or a person who is a blood relative or lives in the same household. 

Assault is defined as an attempt to cause physical harm to another person. Battery is defined as causing physical harm to another person. 

Assault and battery against a family or household member is typically classified as a misdemeanor. However, if the offense involves serious bodily injury or if the perpetrator has a prior conviction for similar offenses, it could be classified as a felony, leading to more severe penalties. 

Dating Violence

Massachusetts does not have a state statute addressing “dating violence” but addresses dating violence through various laws that address domestic violence, harassment and abuse prevention.

Sexual Assault

M.G.L. c. 265, § 22 (Rape), under Massachusetts law, rape is defined as non-consensual sexual intercourse achieved through the use of force, the threat of physical harm, or incapacitation. Rape is a felony. Penalties increase for aggravating factors including use of a dangerous weapon, and injury to victim. 

M.G.L. c. 265, § 23 (Rape and Abuse of a Child), addresses unlawful sexual intercourse and abuse of an individual under the age 16. Punishments vary depending on factors like the age of the victim and the offender’s criminal history.

M.G.L. c. 265, § 24 (Assault with Intent to Commit Rape) addresses assaults committed with the intent to commit a rape. Penalties increase for aggravating factors including use of a dangerous weapon, injury to victim and the offender’s criminal history. 

Forcible Touching

While Massachusetts law does not have a specific statute to address forcible touching, acts that would constitute forcible touching in other jurisdictions may be covered under laws addressing Indecent Assault and Battery, which Massachusetts courts have established as the intentional, unjustified touching with a sexual intent. 

M.G.L. c. 265 §13H (Indecent Assault and Battery on a Child Under 14) addresses indecent assault and battery, or the intentional unjustified touching of a child under the age of 14 with the intent to arouse or gratify sexual desire. It is a felony with severe penalties including state prison time. 

M.G.L. c. 265 §13H, (Indecent Assault and Battery on a Person 14 or over), addresses indecent assault and battery on individuals who have attained 14 years of age. It is also a felony. 

Stalking

M.G.L. c. 265, § 43 (Stalking), defines stalking as knowingly engaging in a willful, malicious, course of conduct directed at an individual which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress. Stalking may be charged as a misdemeanor or felony depending on the nature of the crime and aggravating factors.

Consent

“Consent,” in reference to sexual activity, is not defined by statute in Massachusetts. However, lack of consent is an element of the crimes of rape and indecent assault and battery.