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, MA -- 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.”

 

Statements of Support:

 

District Attorney Marian Ryan:
“As prosecutors, this statute will now allow us to hold accountable medical professionals who victimize patients. This legislation addresses the gap which existed when professionals exploited a patient’s vulnerability and used the guise of ‘treatment’ to falsely justify sexual misconduct as serving a legitimate medical purpose. I am grateful for the advocacy of Representative Kate Hogan and Senator Bruce Tarr and the leadership in the Legislature who partnered with my Office to advance this bill and get us to this much needed place where these actions can be prosecuted and condemned as criminal acts.”

 

Liam Lowney, Executive Director, Massachusetts Office for Victim Assistance (MOVA):
“People are often most vulnerable when seeking care and support from their faith leaders, medical, and mental health providers. This law holds those who exploit that vulnerability through sexual assault accountable. It empowers victims and survivors of these devastating circumstances, ensuring they have the opportunity to be heard and seek justice. We applaud the legislature and Governor Healey for prioritizing the effort to combat sexual violence through listening to, hearing, and believing the voices of survivors.”

 

Julia Kehoe, President & CEO, Health Imperatives:
“As an employer of both rape crisis counselors and heath care providers, Health Imperatives applauds the Commonwealth for passing this critical legislation that calls sexual abuse of power what it is: a violent crime. Assault by a trusted health care provider is egregious and its impact devastating. H4350 takes victim-blaming out of the conversation and sends a powerful message to perpetrators: you will be held accountable.”

 

Dave Rini, Esq., Systems Advocacy Senior Director, Boston Area Rape Crisis Center:
“Medical practitioners have a unique and important role, and one that is deeply based on building real trust with their patients. Everyone deserves to be able to engage with their doctors, nurses, and other practitioners without fear that they will be harmed, and this law will help provide an extra layer of protection and trust for those relationships. Perpetrators who choose to betray that trust face real consequences for their actions under this law. We hope that bill will help survivors feel safer engaging with the medical system and prevent other people from ever experiencing this type of violence in the future.”

 

Rachel Sisodia, MD, Chief Quality Officer, Mass General Brigham: 
“This legislation closes dangerous loopholes that could prevent crucial accountability for bad actors who undermine the foundational trust between patients and healthcare providers. Hospitals and clinics should be places of safety, and predators who cause pain for patients should be held fully accountable and prosecuted to the fullest extent of the law, to deliver justice for patients. Mass General Brigham is deeply committed to keeping patients safe and adhering to the highest possible standards for healthcare professionals, and we were glad to partner with state leaders on this important legislation that aligns with our goal of ensuring safe care for every patient who needs us.”