Health Care Providers and Clergy Are Proposed to Broaden Definitions of Sexual Offenses

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Health Care Providers and Clergy Are Proposed to Broaden Definitions of Sexual Offenses

A legislative proposal in Massachusetts is advancing through Beacon Hill, seeking to broaden the scope of sexual offences committed by healthcare providers or members of the clergy.

Recently approved by the Massachusetts House, the bill includes provisions to classify the rape of a patient or client by a health care provider, indecent assault and battery on vulnerable individuals in law enforcement custody, and indecent assault and battery on a patient or client by a health care provider within sexual offender definitions.

This initiative responds to incidents of alleged sexual misconduct involving medical professionals and ongoing concerns regarding clergy abuse scandals.

Under the proposed legislation, individuals identifying as health care providers or clergy members who commit indecent assault and battery during diagnosis, counselling, or treatment could face up to 5 years imprisonment or up to 2 1/2 years in a house of correction.

Moreover, those who mislead patients or clients into sexual intercourse under the guise of legitimate medical or therapeutic purposes could be sentenced to up to 20 years in state prison.

The bill also specifies that a patient or client's consent to sexual contact is invalid if obtained through fraudulent claims about the nature of the act.

Currently under review by the Senate Ways and Means Committee, the bill is anticipated to undergo Senate deliberation before potentially reaching Governor Maura Healey's desk for approval.

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