BOSTON — A legal loophole that left patients, sexually assaulted by medical professionals without justice, has been closed. Anchor and investigative reporter Kerry Kavanaugh has followed the push to close this loophole and better protect patients since 2017.
As 25 Investigates has documented, cases involving doctors and other medical professionals accused of sexual assault have not moved forward because of a loophole surrounding the word “consent.”
That supposed “consent” was basically implied if a doctor or nurse or another medical professional conducted an inappropriate exam while suggesting it was medically necessary. That was considered non-prosecutable.
Kavanaugh tracked the legislation filed session after session.
On Monday at the State House, a ceremonial bill signing officially closed this loophole, so that patients in vulnerable positions can no longer be exploited.
“Then when their trust was violated in the doctor’s office they would come to the police or the district attorney’s office and we would have to say, ‘You can’t trust us either to help you, because we can’t do that,’” said Middlesex District Attorney Marian Ryan, who’s long fought for this change in law.
“I want to thank you Kerry because I felt we sat down in 2017 and had our first interview with myself and with DA Ryan. We began to talk about this issue and make it public. You ask questions that were both probing but also how we’re going to be closing loopholes,” said bill co-sponsor state Representative Kate Hogan.
“They told their story, they shared what they went through, and you helped to provide them with a platform to share that information,” said State Senator Bruce Tarr.
Governor Maura Healey says this is one more tool in a prosecutor’s toolbox to hold people accountable.
“And give victims the resources that they need,” said Governor Healey.
Now suspects could face up to 20 years in state prison for knowingly inducing a patient or client to engage in sexual intercourse by medical fraud.
The law, however, cannot be applied retroactively.
This is a developing story. Check back for updates as more information becomes available.
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