Massachusetts has closed a legal gap that advocates, prosecutors and lawmakers long said allowed some adults in positions of power to avoid criminal liability for sexual relationships with older teenagers, the Legislature announced this week.
Change removes affirmative defense for authority figures
The revision eliminates an affirmative defense that could be used by adults who had sexual relationships with 16- or 17-year-olds when the adult occupied a role of authority or trust — such as a teacher, coach, counselor or police officer. Supporters say the step makes it easier to hold perpetrators accountable and reflects a growing intolerance for sexual relationships that exploit power imbalances.
State Sen. Joan Lovely, who discussed the reform during an interview with Boston 25, framed the change as a direct response to concerns raised by prosecutors and victim advocates about prosecuting cases that often lack witnesses and where evidence can degrade over time.
"But now we are telling survivors, we listen to you. We believe you," Sen. Lovely said.
Advocates have been pushing for broader reforms beyond the statutory change, including stricter background checks for school employees, requirements for abuse-prevention training for staff and students, and elimination of statutes of limitations for reporting abuse. Those additional measures remain under consideration by lawmakers and advocacy groups.
- What changed: The law removes a defense previously available to adults in positions of authority who engaged in sexual relationships with 16- and 17-year-olds.
- Why advocates support it: Prosecutors said the prior language complicated cases and sometimes let offenders escape accountability.
- What’s next: Advocates continue to press for further school-safety and reporting reforms.
Practical effect and next steps for counties
The statutory adjustment affects criminal prosecutions statewide and will alter charging and investigative practices for county district attorneys. Victim-witness units and child-protection teams may see shifts in caseloads as the change removes one legal avenue that defense attorneys could previously argue in court. Law enforcement agencies, school districts and youth-serving organizations should review policies and training to ensure clarity about misconduct prohibitions under the revised statute.
| Before | After |
|---|---|
| Adults in authority could assert consent by 16- or 17-year-old | That affirmative defense is removed for adults in positions of trust or authority |
Lawmakers and advocates described the change as a response to years of reporting and lobbying that highlighted cases where the previous statutory language hindered prosecutions. Supporters said the amendment sends a clear message across Massachusetts public institutions: sexual relationships that exploit a power differential will no longer be legally defensible.
The measure marks an important shift in state child-protection law. Additional related proposals — including enhanced vetting of school hires and limits on the statute of limitations for abuse claims — remain active topics among legislators and advocacy groups.
Erin Sullivan, News Block.
