Press Release: 2025-01-27

Senator Lovely files bills to prevent sexual abuse by adults in positions of authority or trust

Senator Joan B. Lovely

2nd Essex District

State House, Room 413-D Boston, MA 02133

FOR IMMEDIATE RELEASE

January 27, 2025

Press Contact: James Bartlett

James.Bartlett@MASenate.gov

Cell: 978-726-7318

Bills allow for civil action in cases of sexual relations with children and youth under their care

(BOSTON—1/27/2025) Senate Assistant Majority Leader Joan B. Lovely (D-Salem) announces

the filing of 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,

which are both sponsored by Senator Lovely and would allow for legal recourse against certain

employees or contractors within institutions working with 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,” said Senator Lovely. “This bill

gives peace of mind to parents that their children are developing in safe environments and ensures that

our young people, whether they are past the age of consent or not, are not subject to the unequal power

dynamic that presents itself when they enter into a relationship with a person of authority or trust.”

An Act relative to sexual assaults by adults in positions of authority or trust introduces stringent

penalties for crimes of indecent assault, battery, and unlawful sexual intercourse or abuse committed

by individuals in positions of trust, authority, or supervision over children in Massachusetts. The law

defines a "position of trust, authority, or supervision over a child" to encompass roles such as teachers,

coaches, family members, and child care providers.

The bill prescribes consequences including imprisonment for up to 10 years in state prison or up to 2

1⁄2 years in a house of corrections for offenses against children aged 14 to 18. Penalties increase to a

minimum of 10 years to life imprisonment, with no eligibility for parole, probation, or sentence

reduction until serving 10 years for offenses against children under 14.

The legislation also establishes the punishment of life imprisonment or a minimum of 10 years for

those convicted of sexually abusing children under 16, with identical restrictions on probation and

early release.

The bill stipulates that children under 18 cannot legally consent to such conduct with a figure 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 for civil action against a person over the age of 21 who is employed by or contracts with

a public or private school, state departments, or a private institution that provides services to clients of

departments for engaging in sexual relations with a person who is under the age of 19 and has not

received a high school diploma, general educational development certificate, or equivalent document

and is served by the school, department, or institution.

The law would also apply to sexual relations with people under the age of 22 with special needs who

have not received a high school diploma, general educational development certificate, or equivalent

document and are served by the school, department, or institution.

The legislation also deems that a person served by such a school, department, or institution shall be

deemed incapable of consent to sexual relations with such an employee or contractor.

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