A Salem, Massachusetts, police officer married to the city's police chief has resigned amid charges he sexually assaulted an intoxicated man in protective custody inside a station closet.
A city attorney confirms that 56-year-old Brian Butler resigned two days after his arrest earlier this month. The attorney said Butler will be entitled to receive accrued vacation, but said it was unclear if he was eligible for pension and retirement.
The alleged assault occurred Oct. 31 and was reported on Nov. 5.
The man told investigators he felt compelled to go along because he was in fear.
Butler has pleaded not guilty to rape and indecent assault and battery and is free on bail. He told investigators the encounter was consensual.
Butler's attorney says prosecutors must prove there was a lack of consent.
Butler's wife, Chief Mary Butler, has returned to duty after taking personal leave.