SECTION 16.   Chapter 268 of the General Laws is hereby amended by adding after section 21B, as so appearing, the following paragraph: -

Section 21C.  Any person who is sexually abused by an employee or contractor with any public or private school, or any institution of higher learning, or the department of youth services, the department of social services, the department of mental health, the department of developmental disabilities, or any private institution providing services to clients of such departments, and who, in the course of such employment or contract or as a result thereof, engages in sexual abuse of a person under the age of 19 who is served by such school, department or institution, within or outside of such school, department or institution, shall have a cause of action against such an employee or contractor, under chapter 260,  section 4C.  In a civil action commenced under said section, a person served by such school, department or institution shall be deemed incapable of consent to sexual relations with such an employee or contractor.