Mass. bills could protect older teens from sexual assault
The teacher,
Rutledge was never charged with rape. Simon was 16 at the time and in Massachusetts, where the age of consent is 16, there's no law stating that a teenager over 16 can't consent to sexual intercourse.
That would change under a pair of bills sponsored by Representative Leigh Davis, a Democrat of Great Barrington, and state Senator Joan Lovely, a Salem Democrat.
Advertisement
The bills
seek to close the loophole that allowed adults in positions of power to get away with sexually assaulting teenagers who were 16 and older. The bills do not change the age of consent in Massachusetts. But they
specify that when adults are in a position of power in relation to a minor, that student can't give consent. Adults in positions of power are defined broadly in the bills, to include anyone employed, or acting as a volunteer, in private or public schools as tutors, coaches or child-care providers.
Advertisement
'Right now in Massachusetts, a teacher, a coach or a priest can legally have sex with a 16 or 17 year-old in their care and claim it was consensual,' Davis said during a hearing before the Legislature's Joint Committee on the Judiciary. 'That's not consent. It's exploitation.'
In situations where the adult is a coach who is 19, or somewhat close to the age of the minor, the student also would not be able to give consent as per the law, Lovely said.
No matter the age gap, the coach is still in a position of power relative to the student, said Lovely, who has filed bills to close the loophole at least since 2021.
'The legislation ensures that adults cannot use their position of authority or trust to take advantage of students,' Lovely said.
Davis, who was elected to office last year, said she filed her bill after a conversation with Timothy Shugrue, the Berkshire district attorney.
Under the current law, Shugrue's office could not charge Rutledge, despite finding the teacher's actions troubling, he said.
At the hearing, Shugrue said over 39 states have enacted strong legal protections for minors experiencing sexual assault.
'This came out of a local case, but it has widespread impacts,' Davis said, 'Massachusetts is behind in this regard compared to a lot of other states.'
Citizens and legislators gave emotional testimony in support of the bills during the four-hour hearing.
Citizens spoke about a host of other bills dealing with sexual assault victims and human trafficking at Tuesday's meeting as well. To get passed into law, the bills have 60 days from the day they were heard in committee to be reported out, officials said.
Advertisement
Melissa Fares, who graduated from Miss Hall's School in 2010, five years after Simon, said she was also was abused by Rutledge. Fares testified that rape doesn't always involve a violent attack by a stranger in a dark alley. It can also take the form of a trusted authority figure, like a teacher coercing a student behind closed doors in a classroom closet.
'He never asked me if he could kiss me, grope me or penetrate me, 'Fares said. 'He just did it, and nothing in the law stops him from walking into another school and doing it all over again.'
Now 33, Fares said she still has panic attacks, night terrors, waves of depression, and ongoing difficulties with intimacy.
Fares urged the committee to take action on the bills.
'For the . . . survivors silenced by imbalance, confusion and fear, who were robbed of the hope, healing and justice they deserve, the next generation needs the protection we never got,' she said. 'Massachusetts must do better."
Angela Mathew can be reached at
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
San Francisco Chronicle
18 minutes ago
- San Francisco Chronicle
Man charged with killing prominent lawmaker could face a rarity for Minnesota: the death penalty
MINNEAPOLIS (AP) — The man charged with killing a prominent Minnesota lawmaker and wounding another could face something that is a rarity for Minnesota but could become more common under the Trump administration: the death penalty. Minnesota abolished capital punishment in 1911, and the state's last execution was a botched hanging in 1906. But federal prosecutors announced charges against Vance Boelter on Monday that can carry the death penalty. It's not unheard of for state and federal prosecutors to both pursue criminal cases for the same offense, especially in high-profile matters. In this case federal authorities essentially grabbed the lead from the state prosecutor, Hennepin County Attorney Mary Moriarty. Boelter had been scheduled to make his first court appearance on state charges Monday, but instead marshals took him from the county jail to the U.S. courthouse in St. Paul, where he appeared on the more serious federal charges. Boelter is accused of fatally shooting former Democratic House Speaker Melissa Hortman and her husband, Mark, in their home early Saturday in the northern Minneapolis suburbs. Before that, authorities say, he also shot and wounded another Democrat, Sen. John Hoffman, and his wife, Yvette, who lived a few miles away. He surrendered Sunday night after what authorities have called the largest search in Minnesota history. The federal case Two of the six federal counts can carry the death penalty, something federal prosecutors have not sought in a Minnesota-based case since the Supreme Court reinstated capital punishment in 1976. 'Will we seek the death penalty? It's too early to tell. That is one of the options,' Acting U.S. Attorney Joseph Thompson said Monday at a news conference where he revealed new details of what he described as a meticulously planned attack. They included allegations that Boelter also stopped at the homes of two other lawmakers that night and had dozens of other Democrats as potential targets, including officials in other states. Boelter's federal defenders have declined to comment on the case, and he has not entered a plea. On her first day in office in February, Attorney General Pam Bondi lifted a moratorium on federal executions that was imposed under the Biden administration in 2021. Only three defendants remain on federal death row after Biden converted 37 of their sentences to life in prison. Bondi has since authorized federal prosecutors to seek the death penalty in at least three cases, including against Luigi Mangione for the killing of UnitedHealthcare CEO Brian Thompson. In the other two cases, the Justice Department has said it is seeking the death penalty against defendants charged with killing fellow prison inmates. President Donald Trump's first administration carried out 13 federal executions, more than the administration of any other president in modern history. The state's case The federal intervention in Boelter's case appeared to irritate Moriarty, the county's former chief public defender, who was elected on a police reform and racial justice platform in 2022 after the police killing of George Floyd. At a news conference Monday to announce the state charges, Moriarty gave only vague answers in response to questions about the interplay between the federal and state investigations. But she acknowledged 'there's a tension' and said federal officials 'can speak for themselves.' Moriarty said she intends to press forward in state court regardless and to seek an indictment for first-degree murder for the killings of the Hortmans, which would carry a mandatory sentence of life without parole. Her office did not immediately respond to a request for further comment Tuesday. As evidence of the tensions, the county attorney refused to clarify how Boelter' first hearings would play out. Court records show that Boelter was called for a first appearance in Hennepin County on Monday and that because he was not there as he was in federal custody, the judge issued a bench warrant as a formality, as requested by prosecutors. 'Usually murder cases are overwhelmingly handled in state courts,' said Mark Osler, a death penalty expert at the University of St. Thomas School of Law in Minneapolis. 'Clearly this is something of national interest. And that seemed to play a role in the decision that the Justice Department is making here.' Osler, who formerly served as Moriarty's deputy county attorney and head of her criminal division, as well as assistant U.S. attorney in Detroit, acknowledged that there are often tensions between state and federal prosecutors. 'There's no doubt that it's complicated,' Osler said. 'And it's hard to avoid the sense of the older sibling grabbing something away from the younger sibling.' What's next If federal officials do pursue the death penalty, Osler said, they will face an unusual challenge: 'a jury pool drawn from the citizens of a state that has rejected the death penalty for over 100 years. It's not the same as choosing people in a state where there's a history of support for the death penalty, such as Texas.' After his federal court appearance, Boelter was taken to the Sherburne County Jail in suburban Elk River, where federal prisoners are often held. Thompson told reporters that the federal case 'does not nullify the state charges. They remain in place. ... My expectation based on prior cases is the federal case, the federal charges, will be litigated first, but the state charges won't necessarily go anywhere.' 'There's a natural competitiveness that occurs sometimes between jurisdictions, but you have to hope that in the end, they're all facing the same way where there's something as important to public safety as this case is,' Osler said. ___ Associated Press writer Alanna Durkin Richer in Washington contributed.
Boston Globe
an hour ago
- Boston Globe
Man charged with killing prominent lawmaker could face a rarity for Minnesota: the death penalty
In this case federal authorities essentially grabbed the lead from the state prosecutor, Hennepin County Attorney Mary Moriarty. Boelter had been scheduled to make his first court appearance on state charges Monday, but instead marshals took him from the county jail to the U.S. courthouse in St. Paul, where he appeared on the more serious federal charges. Advertisement Boelter is accused of fatally shooting former Democratic House Speaker Melissa Hortman and her husband, Mark, in their home early Saturday in the northern Minneapolis suburbs. Before that, authorities say, he also shot and wounded another Democrat, Sen. John Hoffman, and his wife, Yvette, who lived a few miles away. He surrendered Sunday night after what authorities have called the largest search in Minnesota history. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up The federal case Two of the six federal counts can carry the death penalty, something federal prosecutors have not sought in a Minnesota-based case since the Supreme Court reinstated capital punishment in 1976. 'Will we seek the death penalty? It's too early to tell. That is one of the options,' Acting U.S. Attorney Joseph Thompson said Monday at a news conference where he revealed new details of what he described as a meticulously planned attack. They included allegations that Boelter also stopped at the homes of two other lawmakers that night and had dozens of other Democrats as potential targets, including officials in other states. Advertisement Boelter's federal defenders have declined to comment on the case, and he has not entered a plea. On her first day in office in February, Attorney General Pam Bondi lifted a moratorium on federal executions that was imposed under the Biden administration in 2021. Only three defendants remain on federal death row after Biden converted 37 of their sentences to life in prison. Bondi has since authorized federal prosecutors to seek the death penalty in at least three cases, including against Luigi Mangione for the killing of UnitedHealthcare CEO Brian Thompson. In the other two cases, the Justice Department has said it is seeking the death penalty against defendants charged with killing fellow prison inmates. President Donald Trump's first administration carried out 13 federal executions, more than the administration of any other president in modern history. The state's case The federal intervention in Boelter's case appeared to irritate Moriarty, the county's former chief public defender, who was elected on a police reform and racial justice platform in 2022 after the police killing of George Floyd. At a news conference Monday to announce the state charges, Moriarty gave only vague answers in response to questions about the interplay between the federal and state investigations. But she acknowledged 'there's a tension' and said federal officials 'can speak for themselves.' Moriarty said she intends to press forward in state court regardless and to seek an indictment for first-degree murder for the killings of the Hortmans, which would carry a mandatory sentence of life without parole. Her office did not immediately respond to a request for further comment Tuesday. Advertisement As evidence of the tensions, the county attorney refused to clarify how Boelter' first hearings would play out. Court records show that Boelter was called for a first appearance in Hennepin County on Monday and that because he was not there as he was in federal custody, the judge issued a bench warrant as a formality, as requested by prosecutors. 'Usually murder cases are overwhelmingly handled in state courts,' said Mark Osler, a death penalty expert at the University of St. Thomas School of Law in Minneapolis. 'Clearly this is something of national interest. And that seemed to play a role in the decision that the Justice Department is making here.' Osler, who formerly served as Moriarty's deputy county attorney and head of her criminal division, as well as assistant U.S. attorney in Detroit, acknowledged that there are often tensions between state and federal prosecutors. 'There's no doubt that it's complicated,' Osler said. 'And it's hard to avoid the sense of the older sibling grabbing something away from the younger sibling.' What's next If federal officials do pursue the death penalty, Osler said, they will face an unusual challenge: 'a jury pool drawn from the citizens of a state that has rejected the death penalty for over 100 years. It's not the same as choosing people in a state where there's a history of support for the death penalty, such as Texas.' After his federal court appearance, Boelter was taken to the Sherburne County Jail in suburban Elk River, where federal prisoners are often held. Advertisement Thompson told reporters that the federal case 'does not nullify the state charges. They remain in place. ... My expectation based on prior cases is the federal case, the federal charges, will be litigated first, but the state charges won't necessarily go anywhere.' Boelter's next federal court appearance is June 27. He does not have any further appearances scheduled in state court. 'There's a natural competitiveness that occurs sometimes between jurisdictions, but you have to hope that in the end, they're all facing the same way where there's something as important to public safety as this case is,' Osler said. Associated Press writer Alanna Durkin Richer in Washington contributed.
Hamilton Spectator
an hour ago
- Hamilton Spectator
Man charged with killing prominent lawmaker could face a rarity for Minnesota: the death penalty
MINNEAPOLIS (AP) — The man charged with killing a prominent Minnesota lawmaker and wounding another could face something that is a rarity for Minnesota but could become more common under the Trump administration: the death penalty. Minnesota abolished capital punishment in 1911, and the state's last execution was a botched hanging in 1906. But federal prosecutors announced charges against Vance Boelter on Monday that can carry the death penalty. It's not unheard of for state and federal prosecutors to both pursue criminal cases for the same offense, especially in high-profile matters. In this case federal authorities essentially grabbed the lead from the state prosecutor, Hennepin County Attorney Mary Moriarty. Boelter had been scheduled to make his first court appearance on state charges Monday, but instead marshals took him from the county jail to the U.S. courthouse in St. Paul, where he appeared on the more serious federal charges. Boelter is accused of fatally shooting former Democratic House Speaker Melissa Hortman and her husband, Mark, in their home early Saturday in the northern Minneapolis suburbs. Before that, authorities say, he also shot and wounded another Democrat, Sen. John Hoffman, and his wife, Yvette, who lived a few miles away. He surrendered Sunday night after what authorities have called the largest search in Minnesota history . The federal case Two of the six federal counts can carry the death penalty, something federal prosecutors have not sought in a Minnesota-based case since the Supreme Court reinstated capital punishment in 1976. 'Will we seek the death penalty? It's too early to tell. That is one of the options,' Acting U.S. Attorney Joseph Thompson said Monday at a news conference where he revealed new details of what he described as a meticulously planned attack. They included allegations that Boelter also stopped at the homes of two other lawmakers that night and had dozens of other Democrats as potential targets , including officials in other states . Boelter's federal defenders have declined to comment on the case, and he has not entered a plea. On her first day in office in February, Attorney General Pam Bondi lifted a moratorium on federal executions that was imposed under the Biden administration in 2021. Only three defendants remain on federal death row after Biden converted 37 of their sentences to life in prison . Bondi has since authorized federal prosecutors to seek the death penalty in at least three cases, including against Luigi Mangione for the killing of UnitedHealthcare CEO Brian Thompson . In the other two cases, the Justice Department has said it is seeking the death penalty against defendants charged with killing fellow prison inmates. President Donald Trump's first administration carried out 13 federal executions , more than the administration of any other president in modern history. The state's case The federal intervention in Boelter's case appeared to irritate Moriarty, the county's former chief public defender, who was elected on a police reform and racial justice platform in 2022 after the police killing of George Floyd . At a news conference Monday to announce the state charges, Moriarty gave only vague answers in response to questions about the interplay between the federal and state investigations. But she acknowledged 'there's a tension' and said federal officials 'can speak for themselves.' Moriarty said she intends to press forward in state court regardless and to seek an indictment for first-degree murder for the killings of the Hortmans, which would carry a mandatory sentence of life without parole. Her office did not immediately respond to a request for further comment Tuesday. As evidence of the tensions, the county attorney refused to clarify how Boelter' first hearings would play out. Court records show that Boelter was called for a first appearance in Hennepin County on Monday and that because he was not there as he was in federal custody, the judge issued a bench warrant as a formality, as requested by prosecutors. 'Usually murder cases are overwhelmingly handled in state courts,' said Mark Osler, a death penalty expert at the University of St. Thomas School of Law in Minneapolis. 'Clearly this is something of national interest. And that seemed to play a role in the decision that the Justice Department is making here.' Osler, who formerly served as Moriarty's deputy county attorney and head of her criminal division, as well as assistant U.S. attorney in Detroit, acknowledged that there are often tensions between state and federal prosecutors. 'There's no doubt that it's complicated,' Osler said. 'And it's hard to avoid the sense of the older sibling grabbing something away from the younger sibling.' What's next If federal officials do pursue the death penalty, Osler said, they will face an unusual challenge: 'a jury pool drawn from the citizens of a state that has rejected the death penalty for over 100 years. It's not the same as choosing people in a state where there's a history of support for the death penalty, such as Texas.' After his federal court appearance, Boelter was taken to the Sherburne County Jail in suburban Elk River, where federal prisoners are often held. Thompson told reporters that the federal case 'does not nullify the state charges. They remain in place. ... My expectation based on prior cases is the federal case, the federal charges, will be litigated first, but the state charges won't necessarily go anywhere.' Boelter's next federal court appearance is June 27. He does not have any further appearances scheduled in state court. 'There's a natural competitiveness that occurs sometimes between jurisdictions, but you have to hope that in the end, they're all facing the same way where there's something as important to public safety as this case is,' Osler said. ___ Associated Press writer Alanna Durkin Richer in Washington contributed. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
