Special to the Regional Review
On Monday, Sept. 23, numerous advocates and officials were present for the ceremonial signing by Gov. Maura Healey of Bill H.4350, 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 Gov. 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.”
Lt. Gov. Kim Driscoll said, “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. We are thankful to all our legislative partners and the countless advocates who have been a voice for victims across Massachusetts.”
“This was a very important day for all patients of medical professionals in Massachusetts.” said Coryn Bina, who was present at the ceremony with her husband, Babak, who both founded BINA Farm Center in Lexington. “Although there are great support systems in Boston, including the Victim Rights Law Center who provides free legal support for sexual assault survivors, we needed to equip prosecutors with the right tools to hold medical professionals accountable when they break the law.”
“Doctors and religious leaders are trusted individuals in our communities. We expect to be safe in their care, not at risk for sexual abuse,” said Stacy Malone, Executive Director of the Victim Rights Law Center, headquartered on Beacon Hill. “This legislation simultaneously sends the message to sexual assault survivors that we believe them and the message to perpetrators who exploit their power to harm others that they will now be prosecuted.”
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.
“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.”