Massachusetts Closes a Dangerous Loophole That Protected Sexual Abuse by School Employees
Massachusetts has taken a major step toward protecting students from sexual abuse by educators. Governor Maura Healey has signed legislation making it a crime for school employees to engage in sexual conduct with students who are 16 or 17 years old when the employee holds a position of authority over that student.
For years, advocates argued that Massachusetts law failed to recognize an uncomfortable reality: students may reach the state’s age of consent at 16, but they remain vulnerable to manipulation by adults who supervise, discipline, mentor, coach, or educate them.
The new law finally recognizes what survivors, child advocates, and trauma experts have long understood:
Power, not just age, determines whether true consent can exist.
What Changed Under the New Massachusetts Sexual Abuse Law?
The legislation makes it a felony for school employees to engage in sexual conduct with students between the ages of 16 and 17 if the employee currently has or previously had authority over the student.
Covered school personnel include:
- Teachers
- Coaches
- Guidance counselors
- School security officers
- Administrators
- Other school employees with supervisory authority
The law also:
- Creates criminal penalties of up to 20 years in prison for sexual relationships involving abuse of authority.
- Establishes penalties of up to 10 years for indecent assault and battery involving students.
- Requires offenders to register as sex offenders.
- Makes clear that minors under 18 cannot legally consent to sexual activity with school staff who exercise authority over them.
- Includes a limited close-in-age (“Romeo and Juliet”) exception in certain circumstances.
Why This Massachusetts Sexual Abuse Law Was Needed
Before this legislation, Massachusetts was one of a shrinking number of states where educators could avoid criminal liability by arguing that a 16- or 17-year-old student legally consented to a sexual contact.
That legal framework ignored decades of research showing that relationships between students and authority figures are fundamentally coercive.
A teacher controls:
- Grades
- Recommendations
- Discipline
- Playing time
- Club participation
- Access to opportunities
- Graduation pathways
- Emotional validation
Those forms of influence create a profound imbalance of power.
When an adult uses that authority to pursue a student sexually, the issue is not romance it is exploitation.
The Law Was Inspired by the Tragic Death of Jacob Pothier
Much of the momentum behind this legislation came from the story of Jacob Pothier of New Bedford.
According to civil allegations filed by his family, Jacob was groomed by a school security guard while he attended Greater New Bedford Regional Vocational Technical High School. The relationship allegedly began when Jacob was just 15 years old and continued after he turned 16. Jacob later died in a motor vehicle crash at age 18 while riding with the former school employee.
His family has said they believe stronger legal protections could have allowed intervention before the relationship escalated.
Advocates, including Jennifer Cullen, worked for years to close what became known as the “age of consent loophole.” Their efforts culminated in the legislation now signed into law.
Grooming Rarely Begins at Age 16
One of the biggest misconceptions surrounding educator sexual abuse is that the misconduct starts when the student reaches the legal age of consent.
In reality, grooming often begins months or even years earlier.
Common grooming behaviors include:
- Giving special attention
- Isolating the student
- Excessive texting or private messaging
- Offering rides home
- Buying gifts
- Creating emotional dependency
- Sharing personal problems
- Testing physical boundaries
- Encouraging secrecy
By the time sexual abuse occurs, many students have already been conditioned to view the relationship as normal.
That is precisely why advocates argue that consent cannot be viewed in isolation from the abuse of authority.
Schools Have Civil Responsibilities Beyond Criminal Law
Even before this criminal law took effect, schools had independent obligations under federal and state law to respond to educator misconduct.
School districts and private schools should:
- Investigate allegations promptly.
- Remove employees from student contact when appropriate.
- Report suspected child abuse where required.
- Follow mandatory reporting laws.
- Comply with Title IX obligations.
- Protect students from retaliation.
- Prevent repeat misconduct.
Failure to act can expose educational institutions to significant civil liability.
Why This Law Matters Nationally
Massachusetts joins a growing number of states recognizing that educator sexual abuse is fundamentally different from relationships between peers.
Many states now criminalize sexual conduct between school employees and students regardless of the state’s general age of consent.
This reflects an increasing understanding that:
- Students depend on educators for academic success.
- Authority creates coercion.
- Grooming undermines meaningful consent.
- Institutions have a duty to prevent abuse before it escalates.
The new Massachusetts law aligns criminal statutes with what child protection experts have argued for decades.
Civil Lawsuits May Still Be Available
A criminal prosecution is only one form of accountability.
Survivors may also have the right to pursue civil claims against:
- Public school districts
- Private schools
- Charter schools
- Religious schools
- Individual educators
- Third parties that enabled the abuse
Civil litigation can uncover whether warning signs were ignored, prior complaints were overlooked, or administrators failed to protect students.
Institutional accountability often extends well beyond the actions of a single perpetrator.
Protecting Students Requires More Than Criminal Laws
Legislation is an important step, but prevention requires ongoing commitment.
Schools should implement:
- Comprehensive child protection policies
- Boundary training for all employees
- Mandatory abuse prevention education
- Anonymous reporting systems
- Regular policy audits
- Thorough background investigations
- Strong supervision of employees
- Immediate intervention when grooming behaviors are observed
The goal is not simply to punish abuse after it occurs—but to prevent it from happening in the first place.
Speaking With a Sexual Abuse Attorney About Your Rights
If you or someone you love experienced sexual abuse by a teacher, coach, counselor, school employee, or another trusted adult, you may have important legal rights beyond any criminal investigation.
At Andreozzi + Foote, our attorneys represent survivors of childhood sexual abuse and institutional abuse nationwide. We investigate not only the conduct of the perpetrator but also whether schools, youth organizations, religious institutions, or other entities failed to recognize warning signs or protect children from foreseeable harm.
Our trauma-informed team understands how grooming, power imbalances, and institutional failures can allow abuse to continue unchecked. We are committed to helping survivors seek accountability and pursue the justice they deserve.
To speak confidentially with an experienced Massachusetts sexual abuse attorney, call (866) 858-3790 or email info@vca.law.