Bill > S1085

This bill amends existing Massachusetts law to create a civil remedy for individuals who have experienced sexual assault by a law enforcement officer while under the officer's control. The bill allows victims to file a civil lawsuit seeking injunctive relief and monetary damages, even if they cannot prove threats, intimidation, or a clear violation of established rights. The definition of "control" is broadly defined to include scenarios such as supervising a minor in a law enforcement training program, questioning or detaining an individual, implying the power to arrest, or exercising influence while acting under color of law. If successful, plaintiffs would be entitled to recover litigation costs and reasonable attorneys' fees. The bill specifically references sexual assault offenses under sections 13H ½ and 22 of chapter 265 of Massachusetts General Laws, making it easier for victims to seek legal recourse against law enforcement officers who have sexually assaulted them by lowering the traditional legal barriers to proving such claims.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1085