Berkshire County, Massachusetts- On Monday, March 10th, Berkshire District Attorney Timothy J. Shugrue, Representative Leigh Davis of the 3rd Berkshire District, Senator Joan Lovely of the 2nd Essex District, Essex District Attorney Paul Tucker, and Jetta Bernier, Executive Director of Enough Abuse held a virtual press conference regarding Senate Bill 1367 and House Bill 2209: An Act Relative to Sexual Assaults by Adults in Positions of Authority or Trust in a public or private school setting.
At the conference, officials explained the existing loophole in Massachusetts law that allows adults in position of trust or authority to enter legal consensual relationships with their students 16 years of age and older. The proposed legislation would criminalize such acts.
Massachusetts’ Berkshire District Attorney Timothy Shugrue and Essex District Attorney Paul Tucker joined the press conference to speak in support of the bills.
Berkshire District Attorney Shugrue stated. “We have a duty and obligation to protect all children in Massachusetts. As district attorneys, we can only enforce laws passed by the legislature. It is critical that they [the legislature] pass Senate Bill 1367 and House Bill 2209 in this session. The codification of these bills into law will finally close this longstanding loophole. A loophole that has allowed criminals to sexually exploit children living in our state.”
Essex District Attorney Tucker commented “The legislation picks up where internal or handbook rules leave off, and we need the force of law. This commonsense approach is the right path to follow, and I strongly support these two bills.”
Massachusetts state legislators Representative Davis and Senator Lovely spoke at the press conference. Working in unison, they authored Senate Bill 1367 and House Bill 2209 and are advocating for them to be passed into law.
Representative Davis said, “As the newly elected State Representative for the 3rd Berkshire District, I am honored to serve our community and committed to fulfilling the promises I made during my campaign. When I ran for office, I pledged to listen, learn, and act—not just for the 3rd Berkshire District, but for communities across the Commonwealth. In filing HD.2209, An Act Relative to Sexual Assaults by Adults in Positions of Authority or Trust, I uphold that pledge. During my campaign last year, a troubling case at a private girls’ school in Berkshire County came to light. As I knocked on doors, residents shared their outrage: a teacher was accused of sexually abusing a student, yet no charges were filed. Shortly after my election in November, I met with Berkshire District Attorney Tim Shugrue. He expressed his deep frustration over a legal gap that left him unable to hold the teacher accountable. That’s when I knew I had to act—to protect every young person in the Commonwealth.
For me, this is not just policy—it’s personal. As a legislator, a former educator, and a mother—including to a teenage daughter—I refuse to accept a legal system that protects predators instead of children. No child should ever hear that the law won’t protect them. No survivor should ever be told their abuser walks free because our laws failed them. My goals in filing this bill were twofold: to build on the critical work of Senator Lovely, who has long championed this issue, and to respond to the urgent calls from residents and advocates demanding action. As a first-term State Representative, I was determined to do my part to help close this dangerous loophole and move this legislation across the finish line. The time to act is now. Every day we delay, more children remain at risk. I urge the people of the Commonwealth to call their legislators and ask them to co-sponsor and support HD.2209 and SD.1367.
Davis added, “And to my colleagues in the legislature—let this be the session where we stand together with survivors, families, and every young person in our Commonwealth. Let us not wait for another survivor to be told their abuser has walked free. We are close. Let’s finish this. Let’s pass this bill and protect our kids. If I can help provide a path to justice for survivors and their families, I have done my job.”
Senator Lovely stated, “”I was pleased to join Rep. Davis, Berkshires DA Shugrue, Essex DA Tucker, and ENOUGH ABUSE Executive Director Jetta Bernier to advocate and spread awareness for An Act relative to sexual assaults by adults in positions of authority or trust. I thank all of them for their deep commitment to protecting children from abuse in any and all forms. This bill ensures that individuals in positions of trust face consequences if they exploit their authority to harm a child. It is crucial to hold those who take advantage of our young people fully accountable for their actions and for the damage they cause to children and families across the Commonwealth. I have been fighting for this legislation for years because protecting children is not just a policy priority—it is an obligation.”
Jetta Bernier who directs Enough Abuse, and has long worked in supporting of this legislation, suggested: “The most eloquent statement about the need to act on these bills is from parents who learned firsthand about the unintended consequences of the current law:
He was charismatic, worldly, cunning and 33 years older than our daughter. A father of 3 boys, he quickly built trust with her, first by saying she was the daughter he never had. In less than a year, he convinced her to have a physical relationship with him, lie for him, and ultimately leave her family for him. It is unfathomable to us that under Massachusetts law our daughter, who didn’t have her license, couldn’t vote, or buy cigarettes or alcohol, was considered legally capable of giving consent to her 49-year old teacher, and that her parents, the school and law enforcement had no legal recourse against him.
Bernier concluded: “It’s past time to stop protecting those who abuse our children and pass not only this bill, but the full package of other crucial child sexual abuse prevention bills that have been waiting for action over several Legislative Session. Pass the Prevention Package of bills now!”
For more information on the bills, please see the attached documents.
Contact Information:
Berkshire District Attorney’s Office:
Julia Sabourin
Julia.Sabourin@mass.gov
Cell: 413-884-3000
Serena Keenan, 3rd Berkshire District (HD.2209)
Serena.Keenan@MAHouse.gov
Cell: 413-854-4623
Jetta Bernier, Enough Abuse
jetta@enoughabuse.org
Office: 617-742-8555
James Bartlett, 2nd Essex District (SD.1367)
James.Bartlett@MASenate.gov
Cell: 978-726-7318
Michael Keefe-Feldman
Michael.Keefe-Feldman@mass.gov
Cell: 781.771.9779