age of consent laws Archives - Survivors Rights

In Massachusetts, the age of consent is 16. That means a teacher, coach, or other adult in a position of authority can legally have a sexual relationship with a 16- or 17-year-old student under their supervision, as long as it is considered “consensual” under current law. Advocates say this is a dangerous loophole that leaves young people vulnerable to abuse. While many states have closed this gap, Massachusetts is one of the few that has not. According to the nonprofit Enough Abuse, 39 states and Washington, D.C., make it a crime for adults in positions of trust — such as teachers, coaches, and mentors — to have sexual relationships with minors under 18, even if those minors are at or above the general age of consent. Lawmakers in Massachusetts have repeatedly proposed bills to address this gap, but none have passed, according to Mass Live reporter Greta Jochem The latest push comes from a House bill sponsored by Rep. Leigh Davis of Great Barrington and a Senate bill sponsored by Sen. Joan Lovely of Salem. The legislation would criminalize sexual relationships between 16- or 17-year-olds and adults in positions of authority over them, with penalties that could include up to life in prison. Advocates argue that genuine consent is not possible in situations with a clear power imbalance. “Real consent isn’t possible when there’s a power imbalance,” Davis said. “Anyone under 18 is incapable of consent when there is a context of an adult in a position of trust or authority.” Multiple survivors have testified before the Legislature about their experiences of being groomed and abused by authority figures when they were teenagers. In many cases, they reported the abuse to police, only to be told it was not a crime under Massachusetts law because they were 16 or older when the sexual contact began. Survivors and attorneys say abusers are often fully aware of the law and deliberately wait until a victim turns 16 before initiating sexual contact. District attorneys from several Massachusetts counties have voiced support for the proposed change, saying the current law limits their ability to prosecute clear cases of exploitation. “Young people rely on these adults for guidance, structure, and protection,” Hampden District Attorney Anthony Gulluni said. “When that trust is violated, the harm can be lasting.” Prevention Efforts Also in Focus Beyond the age-of-consent loophole, advocates are calling for stronger prevention measures in schools. Massachusetts does not currently require annual child abuse prevention training for school employees, though it recommends mandated reporter training. Bills before the Legislature would require public and private schools to adopt formal abuse prevention policies, conduct annual staff training, and allow prospective employers to access records of prior misconduct. Supporters say prevention is critical because abuse by authority figures often happens gradually, beginning with grooming behaviors that are harder to identify without proper training. Survivors and school alumni who have testified in favor of the bills say that had staff been trained to recognize warning signs, some abuse could have been prevented. How Massachusetts Compares to Other States While Massachusetts sets its age of consent at 16, it is in the minority when it comes to authority figure exceptions. States like New York, Pennsylvania, and California have specific laws that prohibit sexual contact between minors under 18 and adults in positions of trust. In some states, such as Connecticut and Vermont, the age of consent remains 16, but specific statutes still criminalize sexual relationships between students and school staff, regardless of the student’s age. This patchwork approach means that whether a victim can pursue criminal charges often depends on where the abuse occurs. Have You Been Sexually Exploited By A Teacher, Coach Or Other Adult In A Position of Power? For survivors of sexual abuse, it is never too late to come forward to explore your legal options. Many states, including Massachusetts, have extended or reopened lookback windows for filing civil claims, recognizing that trauma can delay disclosure for years. If you experienced abuse by someone in a position of authority, you may still have the right to seek justice. Fill out the brief, confidential form below to learn your legal options.

Information

About

LEGAL

age of consent laws

Advocates Want Change To Mass. Law That Allows Sexual Relationships Between 16- and 17-Year-Old Students and Teachers

Learn how we helped 100 top brands gain success