What must officers show to charge indecent assault and battery for victims aged 12 and older?

To successfully charge an individual with indecent assault and battery for victims aged 12 and older, officers must establish the lack of consent. This element is critical in sexual assault cases, as it demonstrates that the victim did not agree to the act in question. Consent must be clear, voluntary, and ongoing; any indication that it was not given or was withdrawn can serve as the foundation for the charge.

In the context of the law, indecent assault and battery specifically involves non-consensual contact that is sexual in nature. Thus, the focus on establishing a lack of consent is paramount, making this aspect central to the prosecution's case. While other factors, such as documentation or evidence of physical injury, may support the case, they are not prerequisites for establishing the charge itself. The absence of consent directly addresses the violation of the victim's rights and autonomy, which is the cornerstone of such legal proceedings.