Massachusetts lawmakers want to expand the scope of certain sex offenses

BOSTON – A bill is currently being considered in Beacon Hill that would expand the scope of certain sex offenses under Massachusetts law committed by a health care provider or clergy member.

The bill would also add rape of a patient or client by a health care provider, indecent assault of vulnerable persons in police custody, and indecent assault of a patient or client by a health care provider to the definitions of sex offenders.

The Massachusetts House of Representatives approved the bill last week.

The proposal comes against the backdrop of cases in which doctors are accused of sexual abuse and the ongoing scandal surrounding sexual abuse among clergy.

The bill would provide that anyone who, posing as a physician or clergyman, indecently assaults or physically assaults a patient, client, or other person during diagnosis, counseling, or treatment could be punished by a term of imprisonment for not more than five years or imprisonment in a house of correction for not more than two and a half years.

Under the proposed law, anyone posing as a doctor or clergyman who knowingly entices a patient or client to have sexual intercourse as part of diagnosis, counseling or treatment would be punishable by a maximum term of 20 years in state prison.

The bill would also provide that a patient or client is deemed incapable of consenting to contact of a sexual nature if that consent was obtained by falsely claiming that the act was for a legitimate medical or treatment purpose.

The bill now goes to the Senate Budget Committee and is expected to be voted on in the Senate before it lands on Governor Maura Healey’s desk.

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