Amendment ID: S2465-3-R1

Redraft Amendment 3

Age of consent in certain civil actions for sexual assault and rape of a child

Ms. Lovely moves to amend the bill by adding the following section:

SECTION XXXX: Section 16 of 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 the department of youth services, the department of children and families, the department of mental health, the department of developmental services, 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.

Any person who is employed or contracted by a college or university, and who, in the course of such employment or as a result thereof, engages in sexual abuse of a person who is 19 years of age or under who has not received a high school diploma, a general educational development certificate or an equivalent document and who is enrolled in or attending the college or university at which the person is employed, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C.

For purposes of this section, sexual relations shall be defined as that term is used in chapter 260, section 4C.