Massachusetts age of consent loophole legislation awaits governor’s signature

PITTSFIELD, Mass. (WWLP) – Massachusetts lawmakers have passed legislation to close a loophole in the state’s age of consent law, prohibiting teachers, coaches, and other adults in positions of trust or authority from engaging in sexual relationships with 16- and 17-year-olds.

Berkshire County District Attorney Shugrue said his advocacy for the change began after his office investigated allegations of sexual abuse involving former Miss Hall’s School teacher Matthew Rutledge. The investigation highlighted challenges prosecutors face under current Massachusetts law when pursuing cases involving authority figures and older teenagers.

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The district attorney said he worked alongside Rep. Leigh Davis and other lawmakers to advance the legislation, despite knowing that any change in the law would not apply retroactively to allegations involving Rutledge.

“Both Representative Davis and I believed we had an obligation to strengthen the law so that teachers, coaches, and other adults in positions of trust and authority could no longer legally exploit children between the ages of 16 and 18,” DA Shugrue said in a statement.

Abuse survivors Melissa Fares and Hilary Simon were also credited for helping advance the legislation. DA Shugrue said the effort coincided with a more than two-year investigation into allegations against Rutledge.

“The closing of this consent loophole marks forward progress for the Commonwealth,” Shugrue said. “It will better protect children and help prevent future abuse by those who hold positions of trust and authority. I commend the Massachusetts legislators for taking this significant step in closing consent loopholes regarding sexual assault.”

Shugrue noted that his office heard from families and individuals in other parts of Massachusetts who reported being exploited by teachers and coaches while in high school. He said many survivors may never see legal accountability because of the previous limitations in state law.

The Berkshire District Attorney’s Office continues to investigate allegations involving Rutledge and Miss Hall’s School. Anyone with information is encouraged to contact the office’s tip line at 413-449-5055 or email BerkshireSPDUtips@mass.gov.

The legislation now awaits Governor Maura Healey’s signature.