- Associated Press - Saturday, March 14, 2020

CONCORD, N.H. (AP) - The New Hampshire House and Senate each passed legislation inspired by a former high school teacher’s ongoing sexual assault case, but victim advocates say one of the bills falls short of closing an abuse-enabling loophole in state law.

Primo “Howie” Leung, a teacher at Concord High School, was charged in April with sexually assaulting a middle school student at a summer camp at the Fessenden School in Newton, Massachusetts, in 2015 and 2016. He also was seen kissing an 18-year-old student at Concord in 2018, but school officials have said they did not report him to police because of the student’s age. Under current law, sexual contact is legal at age 16 unless a teen is coerced.

The House and Senate passed separate bills this week in response to the school district’s handling of Leung, who pleaded not guilty and is scheduled to go on trial in June.

The New Hampshire Coalition Against Domestic and Sexual Violence backed the House version, which would specifically criminalize sexual contact between primary or secondary school employees and any student, regardless of the student’s age or the use of coercion. It also would criminalize sexual contact between 16- and 17-year-olds and anyone in a position of authority outside of school, including camp counselors, coaches, clergy and scout leaders.

“Adults in New Hampshire, regardless of their their employment status or job description, must be held accountable and not be allowed to manipulate their position of authority over the youth in their care,” said Amanda Grady Sexton, the coalition’s public affairs director.

Sen. Jeb Bradley, R-Wolfeboro, agreed.

“Until these loopholes are closed, perpetrators can continue to assault New Hampshire’s youth without proper legal consequences in place,” he said.

The Senate voted down Bradley’s floor amendment, which would have made its bill identical to the House version. Instead, the Senate passed a bill that applies to a narrower group of adults: a school district’s employees, contractors, coaches and volunteers.

Sen. Martha Hennessey, D-Hanover, the bill’s sponsor, said she opposed the amendment because it hadn’t been properly vetted.

“The sexual assault chapter, RSA 632:A, is a complex, intricate framework with varying definitions, a range of prohibited conduct by certain actors and tiered levels of punishment for different conduct,” she said during the debate. “In other words, amending one part of the statute will likely affect likely affect other intertwined sections.”

A spokesman for Republican Gov. Chris Sununu said Friday that the governor prefers the language in the House bill and the rejected Senate amendment, but would sign either bill if one reaches his desk.

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