By Bob Katzen

The House approved and sent to the Senate a proposal that would make it a crime for a doctor or other medical professional to commit sexual contact with a patient even when the doctor claims the contact is necessary for a legitimate medical purpose.

Under current law, sexual contact by medical professionals represented to the patient as necessary for a legitimate medical purpose cannot be prosecuted, as the patient may be viewed as consenting to it, either explicitly or implicitly. Two courts have ruled that if a person consents to sexual intercourse, even under false pretenses, it is still consent.

“I am pleased to see [the bill] once again be passed by the Massachusetts House,” said the bill’s sponsor Rep. Kate Hogan (D-Stow). “The bill establishes protections for vulnerable patients and criminalizes medical or healthcare professionals who knowingly and falsely claim sexual contact for a medical purpose. This legislation provides necessary updates to Massachusetts’ sexual assault laws.”