25 Investigates: Mass. Senate moves to close ‘age of consent loophole’

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The Massachusetts Senate has voted to close what advocates call a significant loophole in state law — one they say will better protect children from sexual abuse.

For the past three years, 25 Investigates has reported on the push on Beacon Hill to strengthen protections for minors targeted by adults in positions of authority.

Now, state senators have adopted a budget amendment designed to shield 16- and 17-year-olds from sexual exploitation and abusive power dynamics. The measure would make it illegal for people responsible for a young person’s care or oversight — including teachers, coaches, police officers and social workers — to engage in sexual relationships with those teens. It applies to anyone considered to be a ‘mandated reporter’ of child abuse.

Advocates have long referred to the gap as the “age of consent loophole,” because current law has allowed adults in positions of power to use a teen’s legal age of consent as a defense in criminal cases. Right now, the age of consent in Massachusetts is 16.

In an interview with 25 Investigates, one of the bill’s sponsors, State Sen. Joan Lovely, called the Senate vote a major step forward.

“This was huge,” Lovely said, noting it is the third legislative session she has filed the proposal. “It’s ready to go.”

Lovely said the change addresses the reality of grooming, where adults build relationships with minors before they reach the age of consent.

“We know what grooming looks like. We know that that takes place, that students are groomed when they’re 14, 15 years old,” she said. “And as soon as they turn 16, because of that grooming, all of that attention, that sexual relationship begins — and that’s a defense for the perpetrator.”

She added the legislation would close that defense and allow prosecutors to hold abusers accountable.

“We think this is gonna make an enormous impact to protect young people,” Lovely said.

The amendment now moves to the budget reconciliation process, where lawmakers will determine whether it becomes part of the final state budget.

Child safety advocates say the Senate vote signals growing momentum on Beacon Hill to advance a broader set of bills aimed at better protecting children from sexual abuse.

25 Investigates has documented cases of educators and others in a position of trust accused of sexual misconduct with students,

We also have uncovered patterns of secrecy, with school districts and police agencies often refusing to release details about substantiated cases — citing privacy laws — making it difficult for the public to track abuse or hold institutions accountable. [boston25news.com]

Experts told 25 Investigates the cases represent only a fraction of the true scope of the problem, with many incidents never reported and others failing to move forward in court due to evidentiary challenges or delayed disclosure by victims. [boston25news.com]

This is a developing story. Check back for updates as more information becomes available.

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