Most states prosecute educators (teachers) for improper sexual contact with students under the state’s statutory rape laws—which are premised on the student being under the age of consent recognized by law, even if the student was a willing participant.
But some states have enacted specific statutes making it a crime—often a felony—for an educator to have sexual contact with a student—even if the student has reached the age of consent (17 years of age, for example).
Laws vary from state to state, and laws governing sexual contact between educators and students are generally located in a state’s statutes—often in the penal or criminal code.
In Massachusetts, the law is clear that any sexual contact between educators and students is strictly prohibited, regardless of the student's age or consent. Under Massachusetts General Laws Chapter 265, Section 23, it is a criminal offense for a person in a position of authority, such as a teacher, to engage in sexual activity with a student under their supervision who is 18 years of age or younger. This law applies even if the student has reached the age of consent, which is 16 in Massachusetts. Violation of this statute can result in severe penalties, including imprisonment and registration as a sex offender. The law aims to protect students from exploitation and recognizes the inherent power imbalance in the educator-student relationship.