Mass. lawmakers, DAs push for punishment of adults who abuse positions of trust
Published in News & Features
BOSTON — Massachusetts lawmakers are renewing an attempt to close a loophole in state law so that students don’t become the victims of predators who abuse their positions of trust.
As the state’s laws are currently written, adults in Massachusetts are legally permitted to engage in so-called consensual sexual relationships with teens 16 years old and older under their care who have reason to trust them, a group that could include school staff and coaches.
Under legislation offered by Sen. Joan Lovely and Rep. Leigh Davis, such an unequal relationship would be forbidden and adults who use their position to break the law would face charges.
“This bill ensures that individuals in positions of trust face consequences if they exploit their authority to harm a child. It is crucial to hold those who take advantage of our young people fully accountable for their actions and for the damage they cause to children and families across the Commonwealth,” Lovely said during a press conference Monday.
Joined by Davis, Berkshire Country District Attorney Timothy Shugrue, Essex County District Attorney Paul Tucker, and Jetta Bernier, the executive director of nonprofit Enough Abuse, Lovely said that the time is now to make a change she has pursued through several sessions on Beacon Hill.
“I have been fighting for this legislation for years because protecting children is not just a policy priority — it is an obligation,” she said.
According to Enough Abuse, Massachusetts is not alone among the states in allowing adults in positions of authority to begin sexual relationships with children under their charge, but at least 39 states and D.C. have passed laws to prevent it.
While district attorneys have a “duty and obligation” to protect the state’s youngest residents, Shugrue said, unless there is a change made by the Legislature, the Bay State’s own legal loophole means law enforcement officials are unable to intervene even when an allegedly inappropriate relationship is brought to their attention.
“As district attorneys, we can only enforce laws passed by the legislature. It is critical that they pass these bills. The codification of these bills into law will finally close this longstanding loophole that has allowed for the sexual exploitation of children living in our state,” he said.
Davies, who according to Lovely approached her at the start of this year’s session in the hope of getting the law across the finish line, said the subject is “not just policy — it’s personal.”
“As a legislator, a former educator, and a mother — including to a teenage daughter — I refuse to accept a legal system that protects predators instead of children. No child should ever hear that the law won’t protect them. No survivor should ever be told their abuser walks free because our laws failed them. If I can help provide a path to justice for survivors and their families, I have done my job,” Davies said.
A similar bill was offered during the last legislative session but never emerged after it was sent to the Joint Committee on the Judiciary for study. The same fate befell a version of the provision offered in 2021.
Were the law to pass, adults in positions of trust who engage in a sexual relationship with a 16-year-old or older minor under their care could face up to 10 years in prison.
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