Massachusetts has closed a legal loophole that child advocates, prosecutors and lawmakers said allowed some people who sexually abused children to avoid criminal consequences.
The change follows years of advocacy from lawmakers, prosecutors and victim advocates who argued the state’s age-of-consent law created challenges in holding offenders accountable.
25 Investigates: Mass. Senate moves to close ‘age of consent loophole’
25 Investigates has documented concerns about the loophole for years.
State Sen. Joan Lovely joined Boston 25’s Kerry Kavanaugh to discuss the change and its impact on child protection laws in Massachusetts.
During the interview, Lovely explained that teenagers can no longer consent to a sexual relationship with an adult who is in a position of authority over them, like a teacher, coach, counselor, or police officer.
“So, we are we eliminated the loophole. So now a 16-year-old or a 17- year-old cannot consent to a relationship with the person in authority are trusting mandated reporter,” Sen. Lovely told Kavanaugh. “We have taken away that affirmative
defense that someone could say, well, she was 16.”
Kavanaugh noted that prosecutors have previously said the loophole made already difficult child sexual abuse cases even harder to prosecute because such cases often lack witnesses and evidence can deteriorate over time.
“But now we are telling survivors, we listen to you. We believe you,” Lovely said.
Advocates are still pushing for a broader package of bills aimed at improving protections for children in schools including stronger background checks during the hiring process to eliminate the practice commonly referred to as passing the trash, require abuse prevention education for staff and students, and eliminating the statute of limitations for when abuse can be reported.
25 Investigates: Advocates demand action as child protection bills sit idle
This is a developing story. Check back for updates as more information becomes available.
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