An Act criminalizing sexual assault by fraud by a medical professional
Lead Sponsors: Representative Kate Hogan and Senator Bruce E. Tarr
Impetus
Under existing law, when a medical or healthcare professional knowingly induces a patient to engage in sexual intercourse by falsely representing that the act is necessary for a legitimate medical purpose, their behavior cannot be punished criminally. Where there is either consent by the patient or a lack of explicit objection to such conduct, and there is no physical force involved, these actions are not prosecutable under the current rape laws. Currently, more than 26 states have enacted laws to address this egregious behavior.
Need
This conduct, perpetrated under the guise of medical or therapeutic “treatment,” violates public policy and undermines a victim’s consent and sense of personal autonomy. It is important to make it clear that accomplishing sexual intercourse or sexual touching by means of fraud in these circumstances is appropriately condemnable as rape. As well, a specific charge for sexual assault by fraud will make clear to victims, providers, and juries what conduct is prohibited and why.
Legislative Fix
This Bill amends G. L. c. 265 and c. 277 to:
- Criminalize instances of fraud involving a medical or healthcare professional who knowingly deceives a patient into engaging in sexual intercourse or sexual touching for other than a legitimate medical purpose.
- Eliminate the traditional elements of sexual assault crimes, including “force” and “non-consent,” within these very specific circumstances.
- Define “medical or healthcare professional” to include groups of treatment providers who hold a position of trust and upon whom vulnerable victims rely for appropriate care and treatment.
- Apply the statute of limitations for sexual assaults to these new crimes as well.