Alleged victim’s sex orientation, suspect’s ties to Salem police chief at issue in cop’s rape trial

An alleged abuse victim’s sexual orientation and his alleged rapist’s marriage to Salem’s police chief could figure prominently when testimony gets underway today in the trial of disgraced excop Brian T. Butler.

Butler, 57, faces up to 20 years behind bars if convicted of raping a naked gay man in a broom closet of the Salem police station the morning of Oct 31, 2016, after the accuser was placed in protective custody for being drunk and flooding his motel room at the Clipper Ship Inn.

Assistant Essex District Attorney Kate MacDougall wants to be able to tell jurors that Butler’s longtime union with Salem police Chief Mary E. Butler — who was also his commanding officer at the time of the encounter he insists was consensual — empowered her now-estranged husband with “a sense of arrogance and entitlement the commonwealth suggests is inherent in this crime.”

Chief Butler filed for divorce Friday to end her 31-year marriage, citing its “irretrievable breakdown” in Essex Probate and Family Court documents. She did not respond yesterday to a request for comment.

The couple split in November 2016, days after he was charged with rape and indecent assault and battery.

Butler’s defense counsel Kevin Mitchell argued yesterday no good can result for his client from dragging Chief Butler’s name into the court proceeding.

“To me, that’s the kick to jurors of ‘What have you (Butler) done to her?’” Mitchell said. “To insert that she is chief of police for why he ... is utter speculation.”

The attorney said Butler admitted to investigators having sex with the accuser when, Butler told them, “temptation took over.”

He told Judge Helene Kazanjian yesterday Butler has not yet decided whether he will take the witness stand in his own defense.

The trial is expected to last five days. A jury of 14 — seven men, seven women — was seated yesterday. Tomorrow they will be taken on a view of the police station.

Mitchell, meanwhile, is fighting to bring into evidence the accuser’s declaration to investigators that, “I’m a gay man. I know when someone’s touching me like that. My initial reaction was to punch him (Butler). I’m glad I did not.”

MacDougall contends Mitchell simply wants to imply that being a gay man means the accuser is sexually promiscuous.

“At no time did the victim tell the defendant he was gay,” she fired back. “Heterosexual, homosexual, bisexual ... One knows when a touch is being hit on as opposed to being led to a phone.”

Kazanjian is expected to rule on the motions regarding Chief Butler and the accuser’s sexual history ahead of opening statements this morning.