Salem, Man Sexually Assaulted By Police Officer Settle Lawsuit

SALEM, MA — A former Salem police officer convicted of sexually assaulting a man placed in protective custody in 2016 and the city of Salem reached a settlement in a civil suit filed by the victim. Terms of the settlement with the city and Brian Butler, 58, were not disclosed. Butler, who is the ex-husband of Salem Police Chief Mary Butler, is currently serving a 3 1/2 to five year sentence at the Massachusetts Treatment Center in Bridgewater.

Both sides notified the U.S. District Court in Boston last week that a settlement had been reached. In his original complaint, the victim said his civil rights had been violated and that Butler inflicted emotional distress. The complaint also said Salem had been negligent in its hiring, training and supervision of Butler.

A Salem Superior Court jury convicted Butler in June 2018 of indecently assaulting the then 28-year old man when he was placed in protective custody on Halloween 2016. The jury found him not guilty of rape because Massachusetts law does not specifically state that individuals in police custody cannot consent.

Butler, 57, reached under a blanket and touched the victim's genitals without his consent. The victim was in protective custody after Salem Police were called to the Clipper Ship Inn because the victim was heavily intoxicated and had flooded his hotel room. The victim was visiting Salem to participate in the Halloween festivities.

Butler was acquitted on the rape charge. Prosecutors attempted to prove that any apparent consent by the victim could not have been voluntary given that he was in police custody.

"Clearly changes in the law need to be made, but in the meantime, this verdict does provide some measure of accountability to the defendant and, hopefully, provides the victim with some solace," Essex District Attorney Jonathan Blodgett said at the time of the verdict. "The courage of this young man cannot be overstated. What happened to him was not his fault, and, as far as I am concerned, should be a crime regardless of any claims of consent."