Statute
M.G.L.A. 265 § 59
Survivors of trafficking may file a motion to vacate convictions for prostitution-related offenses and simple possession of a controlled substance. Survivors must demonstrate by a preponderance of the evidence that the offenses were committed as a result of being a victim of trafficking. Official documentation may create a presumption of human trafficking at the time of offense but is not required for the motion.
Fortunately, Massachusetts is one of a few states that specifically indicate that a conviction vacated for a trafficking survivor is vacated “on the merits.” This is important for reasons discussed in the Polaris State Report Cards.
Updated Sept 2021