Earlier this year, we wrote about a troubling gap in Massachusetts law that left some 16- and 17-year-olds vulnerable to sexual exploitation by adults they were supposed to be able to trust.
That gap has now been closed.
In July 2026, Governor Maura Healey signed legislation making clear that minors under 18 cannot legally consent to sexual conduct with someone who has exercised authority over them. The change addresses what state officials have called the “age of consent loophole,” which could allow an adult in a position of authority to claim that a 16- or 17-year-old had consented to sexual conduct.
The new law recognizes an important reality: when an adult holds a position of authority or trust over a young person, consent cannot be separated from that power imbalance.
Key Takeaways
- Massachusetts has closed a loophole that allowed adults in positions of authority to claim that a 16- or 17-year-old consented to sexual conduct.
- Under the new law, minors under 18 cannot legally consent to sexual conduct with someone who has exercised authority over them.
- The law recognizes that power imbalances and grooming can fundamentally affect a teenager’s ability to consent.
- The protection applies to authority figures including teachers, coaches, police officers, social workers, and other mandated reporters and can continue even after the formal authority relationship has ended.
- The law strengthens criminal protections for young people. Survivors may also have options for pursuing civil accountability against schools or other institutions that failed to protect them.
Why Are Students Vulnerable?
Massachusetts generally recognizes 16 as the age at which a person can legally consent to sexual activity. But that rule does not adequately account for relationships in which an adult holds significant authority over a teenager. We previously discussed this problem in the context of sexual abuse in Massachusetts schools.
Teachers, coaches, guidance counselors, and others in positions of trust or authority hold considerable influence over a young person’s life. They can determine grades, discipline, recommendations, playing time, athletic opportunities, and other important aspects of a student’s life. That authority creates both psychological and practical pressure and can make it difficult for a teenager to recognize inappropriate behavior, resist manipulation, or speak up about misconduct.
How Does Grooming Exploit a Power Imbalance?
Grooming can exploit and deepen the effects of that power imbalance. Sexual abusers are adept at targeting young people who may be isolated, seeking approval, or otherwise already vulnerable to this type of attention. By gradually building trust, giving a young person special attention, testing boundaries, and normalizing increasingly inappropriate behavior, the adult makes it harder for a child or teenager to recognize that a relationship has become exploitative.
Grooming could begin well before a student turned 16 and continue for months or even years. An adult abuser could then wait until the student reached the age of consent before initiating sexual activity. Under the law at the time, the adult could then claim that the sexual activity was consensual, despite the inappropriate behavior that preceded it.
Understanding grooming is important because a young person may believe they participated willingly in a relationship and not recognize the conduct as exploitative until years later. Those circumstances, however, do not eliminate the underlying power imbalance between a minor and an adult entrusted with authority over them.
What Does the New Massachusetts Law Change?
The new law explicitly states that a person under 18 cannot legally consent to sexual conduct with someone in a position of authority, and specifically identifies authority figures such as teachers, coaches, police officers, social workers, and other mandated reporters.
The law also addresses another potential loophole: simply waiting for the formal authority relationship to end. Massachusetts now makes it clear that an alleged offender cannot necessarily avoid prosecution simply because that position of authority has ended.
In announcing the legislation, state officials repeatedly emphasized the principle behind the change: adults entrusted with authority over young people should not be able to exploit that relationship and then rely on the child’s purported consent as a defense against criminal charges.
What Does the New Law Mean for Survivors?
Most immediately, the law provides stronger criminal protections for 16- and 17-year-olds who are sexually exploited by adults in positions of authority. It also sends an important message to people who experienced this type of abuse in the past.
Survivors sometimes struggle with whether what happened to them “counts” as abuse because they believed at the time that they consented to the relationship. Others may blame themselves because they did not object, report the conduct, or understand until much later how the adult had used their position of authority to manipulate them.
The change in Massachusetts law reflects a growing recognition that these cases cannot be viewed simply through the lens of whether a teenager appeared to agree to sexual conduct. The nature of the relationship and the existing power imbalance matter.
Can Survivors Sue Schools or Other Institutions That Failed to Protect Them?
The new legislation strengthens criminal law protections, but criminal prosecution is not the only avenue for accountability. A criminal case focuses on whether an individual committed a crime. At the same time, a civil claim examines the role of the school or other institution that was responsible for protecting the young person.
Massachusetts survivors can pursue civil claims against institutions, providing an important opportunity to seek answers and accountability for institutional failures that may have contributed to the abuse. Survivors may be able to hold the institution accountable if administrators knew or should have known about inappropriate behavior, ignored warning signs, failed to investigate complaints, inadequately supervised an employee, or allowed concerning conduct to continue.
Statutes of limitations and other restrictions can affect whether a particular claim can move forward, especially when the abuse occurred years ago. But survivors should not assume that too much time has passed or that they have no legal options. An experienced sexual abuse attorney can review the circumstances, explain which laws apply, and determine whether a civil claim may still be available.
Closing the age of consent loophole is an important step, but efforts to expand access to justice for survivors in Massachusetts continue, including efforts to remove barriers to civil claims and institutional accountability.
Understanding Your Legal Options
If you experienced sexual abuse by a teacher, coach, counselor, healthcare provider, residential treatment facility employee, or another person in a position of trust, you may have questions about what the new law means for you.
Speaking with an experienced sexual abuse attorney can help you understand your legal options, ask questions, and decide what feels right for you. At Shepard O’Donnell, we approach these conversations with sensitivity and respect, and you remain in control of whether and how you choose to move forward.
Contact us for a free, confidential, no-obligation conversation.
FAQs
What is the new Massachusetts age-of-consent law?
Massachusetts has enacted a law providing that minors under 18 cannot legally consent to sexual conduct with someone who has exercised authority over them.
Who is considered a person in a position of authority?
The Healey administration specifically identifies teachers, coaches, police officers, social workers, and other mandated reporters among the authority figures covered by the new protection.
What is a mandated reporter?
A mandated reporter is a person who, because of their profession or role, is legally required to report suspected child abuse or neglect to the appropriate authorities. In Massachusetts, mandated reporters include certain educators, healthcare professionals, social workers, law enforcement personnel, and others who work with or have responsibility for children.
Is the age of consent now 18 for everyone in Massachusetts?
No. The new law specifically addresses sexual conduct involving minors under 18 and people who have exercised authority over them. It should not be understood as a general change in Massachusetts’ age of consent from 16 to 18.
Does the law apply if the teacher, coach, or other authority figure no longer has authority over the teenager?
The new law makes clear that an alleged offender cannot necessarily avoid prosecution simply because the position of authority has ended.
Can I sue a school or institution in Massachusetts if I was sexually abused by someone who worked there?
Depending on the circumstances, a survivor may be able to pursue a claim against an institution that failed to supervise an employee, ignored warning signs, failed to investigate complaints, or otherwise contributed to allowing abuse to occur. Different legal deadlines and requirements may apply to civil claims, and an experienced sexual abuse attorney can help identify your options.
