Bill > H1733

This bill amends Massachusetts law to create new criminal and civil penalties for sexual abuse by employees or contractors in educational and social service settings. Specifically, the bill establishes that employees or contractors of schools, youth services, children and families services, mental health services, developmental services, and higher education institutions who sexually abuse individuals under 19 years old (or under 22 for students with certain educational circumstances) can be criminally prosecuted. The bill imposes potential prison sentences of up to five years and/or fines of $10,000 for such offenses. Additionally, the bill creates a legal pathway for victims to pursue civil actions against such employees or contractors under a specific statute (Chapter 260, Section 4C). Importantly, the bill stipulates that individuals served by these institutions are deemed legally incapable of consenting to sexual relations with employees or contractors, which provides additional legal protection for vulnerable populations. The legislation covers both criminal prosecution and civil litigation scenarios, aiming to protect students and clients in various educational and service-related environments from sexual abuse by those in positions of authority or trust.

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https://malegislature.gov/Bills/194/H1733