BOSTON — Senate Assistant Majority Leader Joan B. Lovely (D-Salem) has filed two pieces of legislation aimed at protecting children and youth from sexual abuse by adults in positions of authority or trust. The bills, An Act Relative to Sexual Assaults by Adults in Positions of Authority or Trust and An Act Relative to Preventing Sexual Abuse of Children and Youth by Adults in Positions of Authority or Trust, would provide legal recourse against certain employees or contractors within institutions that serve children and youth.
“Our young people deserve to learn, thrive, and grow in environments where they are safe and treated with dignity and respect by those in positions of authority over them,” Lovely said. “This bill gives parents peace of mind that their children are developing in safe environments and ensures that young people, whether they are past the age of consent or not, are not subject to the unequal power dynamic that arises in relationships with individuals in positions of authority or trust.”
An Act Relative to Sexual Assaults by Adults in Positions of Authority or Trust introduces stringent penalties for indecent assault, battery, and unlawful sexual abuse by individuals in positions of trust, authority, or supervision over children in Massachusetts. The law defines these roles to include teachers, coaches, family members, and childcare providers.
The proposed penalties include up to 10 years in state prison or up to 2½ years in a house of corrections for offenses against children aged 14 to 18. For offenses against children under 14, penalties increase to a minimum of 10 years to life imprisonment, with no eligibility for parole, probation, or sentence reduction until at least 10 years have been served.
Additionally, the legislation establishes life imprisonment or a minimum of 10 years for those convicted of sexually abusing children under 16, with identical restrictions on early release. The bill stipulates that children under 18 cannot legally consent to such conduct with someone in a position of trust, authority, or supervision.
An Act Relative to Preventing Sexual Abuse of Children and Youth by Adults in Positions of Authority or Trust allows civil action against individuals over the age of 21 who are employed by or contracted with public or private schools, state departments, or private institutions providing services to children. The bill targets individuals who engage in sexual relations with people under 19 who have not yet received a high school diploma, general educational development certificate, or equivalent document and are served by these institutions.
The legislation extends protections to individuals under the age of 22 with special needs who are served by these institutions and have not received equivalent certification. It specifies that individuals served by such schools, departments, or institutions are incapable of consenting to sexual relations with employees or contractors in these positions.