Massachusetts Seeks To Criminalize Sexual Assault By Doctors
Currently under the law in Massachusetts, if a patient is told by a doctor that an inappropriate touch or action is part of a medical treatment and the patient consents to that treatment, then later realizes that they have been sexually assaulted, prosecution is prevented because consent was given.The newest bill, H.1436/S.1031, would make it illegal for doctors to use the excuse that a sexual assault or rape is a treatment, even if the patient consents. The crime would be punishable by 5 to 20 years served in prison.
Disturbingly, using treatment as a cover for sexual assault is much more common than previously thought. In fact, the Middlesex District Attorney Marian Ryan stated that she has seen cases where a doctor inappropriately touched a patient by telling them they had to show them how to get pregnant.This is similar to Larry Nassar who informed girls on the gymnastics team that he had to touch them in private areas to treat their sports injuries.
Ryan spoke about the bill, stating:
“When they consent to that touching, which they believe is part of their treatment, we can’t prosecute,” Ryan said. “This bill would close that loophole by saying if you get consent and you’re a medical professional and you got it by making the person think it was for their treatment, that is the same as no consent.”
Hopefully this latest bill passes and becomes law, further protecting the victims of sexual assault.
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