[In this statement, District Attorney Shugrue refers to children being protected by the closure of the consent loophole. It is District Attorney Shugrue’s opinion that the term ‘children’ extends to up to children up to 18 years of age. In Massachusetts, the age of consent is 16 years of age.]
Statement released by Berkshire District Attorney Shugrue regarding the legislators’ passage of the budget which includes legislation to close an age consent loophole in Massachusetts:
As many know, my advocacy for the issue of Massachusetts’ consent loophole began because of the challenges my office faced while investigating allegations that came to light in April 2024 of sexual assault that occurred at Miss Hall’s School, a private high school in Pittsfield.
The journey to passing legislation to close the consent loophole was started years ago with Senator Lovely’s work; however, I became involved in the work following the issues my office faced in 2024 with bringing charges in the case involving a Matthew Rutledge, a teacher at Miss Hall’s School. Upon winning the general election, Representative Davis immediately contacted me to schedule a meeting. At our meeting she asked one simple question, “What do you need?” My answer? I needed the law changed.
I knew that changing the law would not help us prosecute the allegations in the Miss Hall’s Matthew Rutledge case. Massachusetts laws almost always apply prospectively, not retroactively. Even with this understanding, both Representative Davis and I believed we had an obligation to strengthen the law so that teachers, coaches, and other adults in positions of trust and authority could no longer legally exploit children between the ages of 16 and 18.
The conversation with Representative Davis in November 2024 marked the beginning of over a two-year effort to both advance this legislation and continue the investigation into allegations against Matthew Rutledge brought forward by Melissa Fares and Hilary Simon.
The process was long. Representative Davis remained committed to advocating for a change in the consent law. Melissa and Hilary continued their extraordinarily difficult and commendable dual work of both advocating for changes in the law while also working with our office’s investigation into Matthew Rutledge. Behind the scenes in my office, a team of prosecutors and Massachusetts State Police detectives led by Second Assistant District Attorney Joseph Yorlano continued investigating Matthew Rutledge.
I understood the frustration many people felt at that time as the investigation continued for almost exactly two years without any type of indictment holding anyone responsible for the abuse Melisa and Hilary survived as children and young adults. While I knew the investigation remained active, I also shared the frustration and desire to see both accountability in this case and changes to our laws. During this time the bill closing the consent loophole also continued to remain stagnant.
Today, however, is a good day. While the indictment in the Rutledge case marked an important moment in the pursuit of justice, the closing of this consent loophole marks forward progress for the Commonwealth. It will better protect children and help prevent future abuse by those who hold positions of trust and authority. I commend the Massachusetts legislators for taking this significant step in closing consent loopholes regarding sexual assault.
In our journey to this day, I must stress my deep gratitude to Representative Leigh Davis, Senator Joan Lovely, District Attorney Paul Tucker, Governor Maura Healey, and, most importantly, Melissa Fares and Hilary Simon. Their courage and persistence helped make this change possible.
As we recognize this milestone, my thoughts remain with Melissa, Hillary, and the many others across Massachusetts who experienced this type of abuse at the hands of people they should have been able to trust. I was dismayed that during this process my office was contacted by families and individuals in other jurisdictions who were exploited by high school teachers and coaches in Massachusetts. It was devastating to learn that this has been occurring across Massachusetts. It is devastating that many individuals who experienced this abuse before will never see justice due to the consent loophole. But, once again, we finally will be able to protect children from this type of abuse going forward.
I look forward to continuing my work with Representative Leigh Davis to bring Massachusetts law in line with modern protections for children and adults against sexual abuse.
My office remains committed to protecting victims, holding offenders accountable, and continuing to work with our legislative partners to strengthen Massachusetts law and better protect children and vulnerable adults.
The legislation now awaits Governor Maura Healey’s signature. The Governor has ten days to sign it.
Continued investigation in sexual abuse allegations of Matthew Rutledge and Miss Hall’s School:
Berkshire District Attorney Shugrue urges anyone with information regarding alleged abuse to please come forward. The Berkshire District Attorney’s Office understands that survivors might be hesitant to speak with law enforcement and share extremely difficult personal experiences. If you feel hesitant, please call or email our tip line: (413) 449-5055, or BerkshireSPDUtips@mass.gov. You will have the opportunity to speak with Trooper Dana Clement to simply learn about the process. She, along with her partner Trooper Kyle Jolin, will answer any questions you have as you work to determine if you want to officially move forward or not. The Berkshire District Attorney’s Office will not pressure any survivor of sexual assault to move forward with charges.
It is important to note that Melissa Fares and Hilary Simon requested their name be shared with the public.
The Berkshire District Attorney’s Office does not publicly identify survivors of sexual assault. The Boston Globe and Vanity Fair, two of the nation’s leading media outlets covering this story, refrain from identifying survivors of sexual assault without their express permission.