Bill > H1997

This bill strengthens legal protections for vulnerable adults by creating a new criminal offense that specifically targets sexual assault committed by certain individuals in positions of authority or trust. The bill defines a "vulnerable adult" as a person 14 or older who is receiving services from specific state departments (such as Developmental Services or Mental Health), is admitted to a mental health or residential facility, or resides in a long-term care facility. The legislation creates serious criminal penalties for sexual intercourse or indecent assault and battery against such vulnerable adults, with perpetrators facing up to 20 years in prison for a first offense and potential life imprisonment for subsequent offenses. Critically, the bill specifies that the consent of the vulnerable adult cannot be used as a legal defense, recognizing the inherent power imbalance and potential for exploitation. Additionally, the bill amends existing law to include sexual assault of vulnerable adults in the state's definition of sex offenses, which likely has implications for criminal record tracking and potential sentencing enhancements. The bill aims to provide enhanced legal protection for some of the most vulnerable members of society who may be at greater risk of sexual abuse due to their dependent status or limited capacity.

Justice

https://malegislature.gov/Bills/194/H1997