Governor Healey Expands Protections for Victims of Sexual Assault by Health Care Providers

Governor Healey Expands Protections for Victims of Sexual Assault by Health Care Providers   

BOSTON – Governor Maura Healey signed An Act criminalizing sexual assault by fraud of a medical professional. This legislation protects vulnerable individuals by ensuring that Massachusetts can prosecute health care professionals and clergy members who influence patients or clients to engage in sexual activity under the guise of treatment or counseling.   

“Health care and counseling environments should be a place of safety, respect and trust. This law ensures that patients are protected against sexual assault by medical professionals and that perpetrators will be held accountable under the law,” said Governor Healey. “We are grateful to the legislature and our law enforcement partners for working to end this dangerous loophole so that victims can get the justice they deserve.”  

“This law is a powerful step toward safeguarding patients and clients in these horrific situations and ensuring that health care professionals who exploit their positions face serious consequences,” said Lieutenant Governor Kim Driscoll. “We are thankful to all our legislative partners and the countless advocates who have been a voice for victims across Massachusetts.”  

This legislation eliminates lack of consent as an element of a sexual assault or rape prosecution if the agreement to sexual contact was procured by a false representation by a health care provider or clergy member that the contact was for a legitimate treatment or counseling purpose. This closes a loophole in existing law that made it difficult to prosecute these cases due to a requirement of proof of lack of consent, even where the consent was fraudulently obtained. Now perpetrators could face up to 20 years in state prison for knowingly inducing a patient or client to engage in sexual intercourse by false misrepresentation during the course of diagnosis or treatment.    

“This legislation is a critical step forward in protecting vulnerable patients and community members from exploitation by those they trust the most,” said Vilma Uribe, the Executive Director of Governor’s Council to Address Sexual Assault, Domestic Violence and Human Trafficking. “By closing the loophole that allows perpetrators to evade justice under the guise of medical or spiritual authority, we are upholding the integrity of our health care and religious institutions and ensuring that survivors receive the justice they deserve.”  

This bill also entitles victims of rape or sexual assault by medical or health care providers or clergy members to testify in person at the parole hearing of the perpetrator.  

“Ensuring that Massachusetts residents are protected from sexual abuse when receiving medical care or counseling is of the utmost importance,” said House Speaker Ronald J. Mariano (D-Quincy). “I want to thank Governor Healey for signing this legislation into law, as well as Speaker Pro Tempore Kate Hogan and all my colleagues in the House, along with our partners in the Senate, for sending these critical reforms to Governor’s desk for her signature.”  

“Today with the Governor's signature, we take a strong step forward in safeguarding the trust between a patient and their doctor,” said Senate President Karen E. Spilka (D-Ashland). “We have heard far too many stories of trauma, and today we send a clear message that Massachusetts stands with survivors, and will hold accountable medical professionals who prey upon those who they are meant to serve. I thank the Governor for her signature, Minority Leader Tarr for his leadership, and my colleagues in the Senate for their support to get this important issue across the finish line.”  

“We know – as lawmakers and citizens – that consent obtained through fraud is not consent. This bill, passed by the legislature and signed by our Governor, says to patients and survivors, 'We will support and protect you by closing this loophole now," said Speaker Pro Tempore Kate Hogan (D - Stow), House Sponsor of the bill. “I would like to thank Speaker Ron Mariano, Chair of Ways and Means Aaron Michlewitz, Judiciary Chair Mike Day, and my colleagues in the House for passing this bill for the second consecutive Session and proving steadfast commitment to victims of sexual abuse. I would also like to thank DA Marian Ryan for advocating clarity over ambiguity in these situations and being my partner in this effort.”  

“Trust is the foundation of the relationship between a doctor and a patient, and when that trust is abused to commit sexual assault, there must be clear and meaningful punishment,” said Senate Minority Leader Bruce Tarr (R-Gloucester). “This bill will ensure that such punishment is available, and that prosecutors and victims have the tools they need to bring justice to these types of cases.”