Massachusetts teachers who have sex with students under 18 could face charges after state budget passes

Rick Sobey, Boston Herald on Jul 2, 2026

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BOSTON — Bay State teachers who have sex with 16- and 17-year-old students could face criminal charges after the Legislature closed the “age of consent loophole” in the state budget.

This child protection measure in the state budget comes as local school districts face lawsuits for educator sexual misconduct with students.

Across Massachusetts, there are numerous civil cases involving those in positions of authority in schools. Employees in power are accused of grooming teens and having sex with them once they turn 16, the age of consent.

The educators haven’t faced face criminal consequences for such conduct. But now, the provision in the state budget that passed the Legislature this week creates new criminal protections for teens against adults who hold positions of authority over them.

These adults are mandated reporters and others responsible for their care and oversight — including teachers, substitute teachers, coaches, tutors, special educators, paraprofessionals, and mentors.

“For too long, our laws have allowed adults in positions of authority and trust to exploit the very children they are supposed to protect and then hide behind a claim of consent. That ends now,” said state Sen. Joan Lovely, the assistant majority leader from Salem.

“No figure of authority should ever be able to groom or assault a young person and walk away without accountability,” she added. “Closing this loophole has been one of the most personal and important fights of my career, and I am proud that we got it done for the children and families of the Commonwealth.”

With this state budget provision, a child under 18 would be incapable of consenting to such conduct, regardless of whether the adult’s position of authority has technically ended.

Educators convicted of having sex with students under 18 could face 20 years in prison for rape, and 10 years behind bars for indecent assault and battery.

Massachusetts has been one of only 11 states without a law specifically protecting students from sexual abuse by school staff and others in positions of trust. This measure changes that.

“Childhood abuse leaves lasting scars, and we have an obligation to do everything in our power to prevent it,” said Senate President Karen Spilka. “Today we acted to make it clear that adults in positions of authority who abuse the trust placed in them by the children in their care will be punished and prosecuted. Senator Lovely has been relentless in her fight to protect our kids, and I will be proud to see this provision signed into law.”

The state budget now heads to Gov. Maura Healey’s desk.

Lovely has been pushing for this legislation session after session. She has worked alongside survivors, district attorneys, police chiefs, educators, and the child protection organization Enough Abuse to make the case for change.

“For far too long, Massachusetts law handed predators a built-in defense: a child’s so-called ‘consent,’ ” said Kathryn Robb, of Enough Abuse. “Senator Lovely refused to let that stand. Year after year, she fought to make clear what every parent, teacher, and coach already knows — that a child cannot truly consent to an adult who holds power over them.

“Today, Massachusetts finally joins the majority of states in saying so,” Robb added. “Massachusetts children are safer, and Senator Lovely made that happen. Enough Abuse is deeply grateful for her tenacity and leadership, and for that of her fellow legislators. Few acts of leadership are braver than standing up, year after year, for children who cannot stand up for themselves.”

As of last year, Enough Abuse had counted 49 lawsuits related to Massachusetts educator sexual misconduct since 2010.

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