An Act relative to the protection of vulnerable adults from sexual assault committed by mandated reporters, persons in a position of trust and providers of transportation
Lead Sponsors: Representative Thomas M. Stanley and Senator Jason M. Lewis
Impetus
Under current law, once a person reaches the age of consents that person is presumed to be free to agree to engage in sexual activity. No crime occurs unless force or threat of force is used to overcome that free will or choice to participate in sexual activity. However, some people, though of "legal age," are vulnerable, and we provide them with a variety of services, including a supportive residences or worksites, special educative programs, mental health services, or rehabilitation, and we provide them with transportation.
This Bill addresses those providers upon whom these vulnerable adults rely on a daily basis for the special services. The Bill makes it unlawful for any such service provider who knows someone to be a vulnerable adult to engage in any sexual activity with that vulnerable adult.
For example, a man assigned to provide transportation for residents of a group home came to know a young woman who lived in the group home and who relied on him to drive her to her worksite. Because she had suffered an injury to her cognitive abilities, she was unable to choose as freely as the law would presume. This driver began a sexual relationship with this woman during times when he was alone with her. Although this was an abuse of the trust placed in him, it was very difficult or impossible to prosecute his breach of trust because this woman had reached the age of consent.
Need
- The sexual offenses of rape or indecent assault and battery of adults may not be prosecuted unless there is proof that the conduct was against the will of the victim. Persons "known to be a vulnerable adult" must not be targeted in any circumstances by those professionals upon whom they rely to provide them an independent and safe life.
Legislative Fix
- This Bill identifies "vulnerable adults" as persons who are age 14 or older at the time of the offense who are "admitted to a mental health facility or to a community based or residential facility," or who are receiving community based services through the Department of Developmental Services or the Department of Mental Health or the Mass. Rehabilitation Commission, or who are residents of a long-term care facility.