Consent Laws Void Criminal Charges in Miss Hall's Case
PITTSFIELD, Mass. — Criminal charges will not be filed against a former instructor at Miss Hall's School who is accused of sexually exploiting students because they were of consenting age.
A Pittsfield Police investigation was opened against Matthew Rutledge, 62, this past spring after allegations surfaced that he had been taking advantage of students at the all-girls school for decades.
The investigation concluded that, under state law, no criminal conduct occurred.
"Massachusetts law defines the age of consent as 16. While the alleged behavior is profoundly troubling, it is not illegal," Berkshire District Attorney Timothy Shugrue said Friday in a statement.
Rutledge resigned in March when three former students came forward but victims say the administration had been told as early as 1997 of his misconduct.
Officials at Miss Hall's, established in 1898 as a ladies boarding school, previously said they were also opening an investigation.
The DA's Office said it will not release further details regarding the investigation to protect the privacy of the women who came forth to disclose the allegations.
"Investigations into allegations of child abuse are inherently complex and require scrutiny. Fully investigating these alleged crimes take a great deal of time. Our office, as well as our partner law enforcement agencies, will not rush investigation for the sake of coming to expeditious conclusion," said Shugrue. "As a former assistant district attorney, I was dedicated to prosecuting cases of child abuse, which often included child sexual assault.
"I understand the unique challenges these cases present, which is why I established the Berkshire Children's Advocacy Center, The Kids' Place. This independent entity is specifically designed to coordinate investigations of alleged child sexual abuse with the care and expertise they demand."
The DA said he supports Bill S.1036, which would allow criminal charges to be filed against "adults in positions of authority or trust" such as guardians, tutors, coaches and others who commit indecent assault and battery on youth ages 14 to 18.
"In a prosecution under this section, a child under the age of 18 shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted," the bill states.
The bill has been reported out favorably by the Committee on the Judiciary and is currently in the Committee on Senate Rules.
Additionally, separate allegations were made against two former employees of Miss Hall's School. These claims were deemed unfounded, according to the DA's office.
One of the women who came forward, Melissa Fares, has filed for damages against the school and its head at the time, Jeannie Norris.
Fares says in documents filed in Berkshire Superior Court on Tuesday that she was sexually abused and raped by Rutledge when she was attending Miss Hall's between 2007 and 2010 and that the school failed to take action against him.
Fares' statement details how she was groomed with special attention, compliments and gifts beginning when she was 15 years old. She says was sexually abused and raped after she turned 16.
She is demanding a jury trial and to be awarded damages and relief.
Tags: lawsuit, sexual assault,
