In Berkshire County, 2024 was marred by scandals over alleged sexual abuse of students in Pittsfield: One at the elite private all-girls boarding school Miss Hall’s in the leafy suburbs and the other at the public Pittsfield High School in the heart of the city. While investigations, lawsuits, and outrage over the contrasting situations remain unresolved, they did underscore what some activists describe as a gaping hole in Massachusetts state law.
“The current law of Massachusetts, age of consent is 16, but the law does not adequately address the power dynamics between authority figures and minors," explained Democratic 3rd Berkshire District State Representative Leigh Davis. "So, this is leaving youth vulnerable to manipulation and abuse. That’s what we’ve seen at Miss Hall’s.”
This loophole was a major factor in grooming and rape allegations against former Miss Hall’s teacher Matthew Rutledge accrued over decades as an authority figure at the school. Child advocacy group Enough Abuse Executive Director Jetta Bernier cited the situation at a special meeting of the Pittsfield city council and school committee in February.
“Many of these relationships were known but were not addressed," she said. "They were just buried. And even your Berkshire County District Attorney, Mr. [Timothy] Shugrue, was quoted just a few weeks ago as saying, this is inappropriate behavior, but I can't prosecute because it's not illegal for him to have had a sexual relationship with a child over the age of consent.”
During a presentation on the group’s training program for schools to identity and prevent the abuse of students, Bernier told city leaders that the Massachusetts Chiefs of Police Association has been testifying on Beacon Hill for lawmakers to address the issue for years.
“They have had case after case of an individual involved in a grooming process with a kid," she said. "When the child turns 16, the sexual relationship begins. The child feels that they are in love, that this is a consensual relationship, and often, only years later do they realize that they were manipulated into thinking it was consensual. Right now, if parents find out about this relationship, there's nothing they can do. If the child says, no, I don't want to press charges, we're in love, the local police can do nothing, the district attorney can do nothing.”
Enough Abuse has worked with one of the officials scheduled to take part in Monday’s press conference – Democratic State Senator Joan Lovely of the 2nd Essex district – on a legislative way to plug the gap.
“The only way we're going to get this change is through laws," Bernier continued. "And so, the current law would basically say age of consent is not a defense. You can't use age of consent as a defense. So, any child under the age of 18 – or if it's a special needs child, under the age of 21 – they may not consent to a sexual relationship with a person in a position of authority in a school or other organization.”
The aforementioned Davis is also involved in the effort.
“I have a companion bill in the House that compliments Senator Joan Lovey’s bill, and it's HD2209, so it's an act relative to sexual assault by adults in positions of authority or trust,” said the legislator.
She tells WAMC that one of her first calls upon taking office this January was to DA Shugrue – who is also scheduled to participate in the press conference – over the Miss Hall’s situation.
“I filed this bill, and I think that it's going to be building on the momentum and addressing control and revenge, and what we're seeing with youth and people in positions of authority,” said Davis.
Other members of the Berkshire legislative delegation tell WAMC they support updating state laws to better shield students.
Democrat Tricia Farley-Bouvier represents the 2nd Berkshire district – the city of Pittsfield – in the State House.
“Yes, I'm very much following [it]," she told WAMC. "I've had conversations myself with Jetta [Bernier of Enough Abuse], and there are some laws that certainly need to be changed, and I'm in touch with legislators who have been in this space for many years.”
Democratic State Senator Paul Mark represents the Berkshire, Hampden, Franklin and Hampshire District on Beacon Hill.
“The reason that, in the law, that the age of consent is maybe lower than some people realize is because of recognizing that we don't want children who are doing adult things getting in trouble in adult situations," he explained to WAMC. "We want them to be able to live their lives and not fear legal consequences. But that changes when someone, say, 17 or even like 18 years old but still in high school, when they legally consent, but they're in a situation where it's someone in a supervisory position of authority.”
When the news about Miss Hall’s first broke, the school said in a statement its “most important responsibility is the safety of our students” and said it was “heartbroken by accounts of past sexual misconduct and abuse shared by several courageous alums.”
