Family & Community Students & Families
Student Support, Career & Education Services

Guidelines for Schools on Addressing Teen Dating Violence

Laws Regarding Domestic and Dating Violence

Abuse Prevention Act

Under the Abuse Prevention Act, Massachusetts General Law Chapter 209A, 'abuse' is defined as 1) causing or attempting to cause physical harm; 2) placing another in fear of imminent serious physical harm; or 3) causing another to engage involuntarily in sexual relations by force, threat or duress.

An Abuse Prevention Order (also referred to as a '209A order' or 'restraining order') is a civil order of protection for victims of abuse, and may be obtained against a current or former spouse, a current or former household member, a blood relative or current or former relative by marriage, a person with whom the victim has had a child in common, a person with whom the victim has or had a 'substantive dating relationship.' Such orders may include provisions that the abuser refrain from further abuse, have no contact with the victim of abuse, and/or vacate the victim's residence or place of employment. A temporary Abuse Prevention Order may be issued without notice to the defendant upon an adequate showing that there exists a 'substantial likelihood of immediate danger of abuse.' A hearing will then be scheduled on the question of continuing that order, where again a sufficient showing must be made to warrant an extension of the order.

Under the statue, factors which bear on whether a dating relationship is 'substantive' include the length and type of relationship, the frequency of interaction, and the length of time since the relationship was terminated, if applicable.

A 209A order or "restraining order" is a civil order by nature; violation of a 209A order is a criminal offense. A violation is considered to be the abuser's non-compliance with the limitations, restrictions or demands of what is written on the order.

In addition to the Abuse Prevention Act, the statutes most frequently implicated in teen dating violence situations are the following:

Stalking

Section 43 to Chapter 265 of the Massachusetts General Laws creates the crime of stalking. The crime is a felony. A felony is a criminal offense deemed to be of a more serious nature and punishable by stiffer penalties, including a sentence to state prison. The statute reads:

Any person whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress and (2) makes a threat with the intent to place the person in imminent fear of death or serious bodily injury, shall be guilty of the crime of stalking.

Sexual Harassment

Sexual harassment is a form of sex discrimination. Under the Massachusetts law on fair educational practices (Chapter 151C of the Massachusetts General Laws), the term sexual harassment is defined as follows:

any sexual advances, requests for sexual favors and other verbal or physical contact of a sexual nature when (1) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (2) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's education by creating an intimidating or sexually offensive educational environment.

Rape and Other Sexual Offenses

Chapter 265, section 22 of the Massachusetts General Laws, divides rape into two classes:

• unaggravated rape in which the act of rape is unaccompanied by other criminal conduct and
• aggravated rape in which the rape is accompanied by other criminal conduct.
• Rape is defined as "sexual intercourse or unnatural sexual intercourse" with a person by force and against the will of that person or by the threat of bodily injury. Penetration must exist, but may be slight.
• Rape can be committed by a man against a woman, a man against a man, a woman against a man, and a woman against a woman.

Section 22A defines rape of a child under sixteen with use of force.

• Sexual intercourse or unnatural sexual intercourse with a child under the age of sixteen who is compelled to submit by force and against his or her will or who is compelled to submit by threat o bodily injury.
• Consent is not a defense where the victim is under 16.

Section 23 defines rape and abuse of a child under sixteen without use of force.

• The elements are: sexual intercourse or unnatural sexual intercourse with and abuse of a child under the age of sixteen.
• Consent is not a defense where the victim is under 16.

Section 13B defines indecent assault and battery on a child under 14 as:

• an intentional, offensive, indecent touching of a child under the age of fourteen.
• Consent is not a defense.

Section 13H defines indecent assault and battery as:

• an intentional, offensive, indecent touching of a person fourteen years of age or older, without the person's consent.
• an indecent touching is an offensive touching of the breasts, abdomen, buttocks, thighs or genital area, portions of the anatomy considered to be "private."

Crimes of Assault

An assault is an attempt to do bodily harm to another person by force or violence. Assault and battery is also defined as the intentional, offensive, unprivileged touching of another person.

Under Chapter 265 are also sections dealing with crimes of assault.

Section 13A:

• Assault is an attempt or offer to do bodily injury by force or violence or an attempt to batter.
• Assault and battery is a harmful or unpermitted touching of another, no matter how slight, without a legal right to do so.

Section 15: Assault and battery by means of a dangerous weapon is a battery with a dangerous weapon. A dangerous weapon is an item which is used in a way that is capable of causing serious injury or death to another person.

Section 19: Assault with specific intent to murder, rob, rape, etc. are assaultative actions whose goal is to achieve some other criminal offense. These are called aggravated assaults.

Section 44: Coercion of child under eighteen into criminal conspiracy

Whoever commits an assault and battery on a child under the age of eighteen for the purpose of causing or coercing such child to join or participate in a criminal conspiracy is in violation of Section7 of Chapter 274, including but not limited to a criminal street gang or other organization of three or more persons which has a common name, identifying sign or symbol and whose members individually or collectively engage in criminal activity.

Children in Need of Services

Massachusetts General Law Chapter 119, Section 39E states that:

A parent or legal guardian of a child having custody of such child, or a police officer may apply for a petition in one of (the divisions of the juvenile court department) alleging that said child persistently runs away from the home of said parent or guardian, violates compulsory school attendance law or persistently refuses to obey the lawful and reasonable commands of said parent or guardian resulting in said parent's or guardian's inability to adequately care for and protect said child.

Mandated Reporting Law Concerning Child Abuse and Neglect

Massachusetts General Law Chapter 119 Section 51A states that:

any person paid to care for or work a child in any public or private facility... who in his or her professional capacity shall have reasonable cause to believe that a child under the age of eighteen is suffering serious physical or emotional injury resulting from abuse inflicted upon him or her including sexual abuse, or from neglect, including malnutrition or who is determined to be physically dependent upon an addictive drug at birth, shall immediately report such a condition to the Department of social Services by oral communication and by making a written report 48 hours after such an oral communication...

[ Previous || Next ]
Return to the Table of Contents