Consent Laws Void Criminal Charges in Miss Hall's Case

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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,   

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Pittsfield Council Says 'Yes' to Soccer at Crane Park

By Brittany PolitoiBerkshires Staff

The pitch will have the logos of the city and the US. and Massachusetts soccer associations. 

PITTSFIELD, Mass. — The city is gladly accepting a "mini-pitch" from the U.S. Soccer Foundation to bring games back to Crane Park. 

Fueling excitement around the World Cup, U.S. Soccer has been working with the Massachusetts Youth Soccer League to make these facilities available to 20 communities — one of which will be at the park at the intersection of Benedict Road and Springside Avenue. 

The City Council accepted the gift on Tuesday during its regular meeting. 

A mini pitch is a compact, modular field typically used for soccer, and it can also accommodate inline skates. It has a galvanized steel border with built-in goals and a rubber plastic surface that is clicked together; installed on the existing inline hockey court. 

Ward 2 Councilor Cameron Cunningham said he has gone door to door speaking with nearby residents, and they are "really excited" about the upgrade. He also sees it as a great addition. 

"They say that nobody really uses the court a ton now, and they are excited to see kids back on there playing," he said. 

Decades ago, the Crane Park facility was a wading pool. It closed in 1980, and before the turn of the century, it was filled in and marked for hockey. 

Parks, Open Space, and Natural Resources Manager James McGrath explained that the wooden border around the rink is showing its age, has been vandalized and tagged, and the facility is seeing a "real decline" in use. 

"This would seem to be an appropriate spot for us to remove the board system that's in place and install the mini pitch system through this grant," he said. 

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