An Act to Protect Communications by Alleged Victims Regarding
Maine Legislature, Session 132, LD 0385
Committee: Judiciary
Sponsors: BRENNER, SATO
Amends: 14 MRSA §732, 14 MRSA §733

Legislative Document
No. 385
S.P. 154
In Senate, February 4, 2025
An Act to Protect Communications by Alleged Victims Regarding 
Sexual Assault, Sexual Harassment, Sexual Misconduct, 
Cyberbullying or Discrimination from Litigation
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative SATO of Gorham and
Senator: CARNEY of Cumberland, Representatives: DHALAC of South Portland, DOUDERA 
of Camden.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §732, as enacted by PL 2023, c. 626, §2 and affected by §§3, 4 
and 7, is amended to read:
§732.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Governmental unit.  "Governmental unit" means a public corporation or 
government or governmental subdivision, agency or instrumentality.
1-A.  Cyberbullying.  "Cyberbullying" has the same meaning as in Title 20-A, section 
6554, subsection 2, paragraph C.
1-B.  Discrimination.  "Discrimination" has the same meaning as in Title 5, section 
4553, subsection 2, and includes:
A.  Subjecting to harassment;
B.  Failing to prevent an act of discrimination;
C.  Aiding, abetting, inciting, compelling or coercing an act of discrimination; or
D.  Retaliating against a person for reporting an act of discrimination.
2.  Person.  "Person" means an individual, estate, trust, partnership, business or 
nonprofit entity, governmental unit or other legal entity.
3.  Sexual assault.  "Sexual assault" means conduct described under Title 17-A, 
chapters 11 and 12.
4.  Sexual harassment.  "Sexual harassment" means verbal or physical conduct of a 
sexual nature directed at a specific person, including:
A.  Unwelcome sexual advances;
B.  Sexually suggestive remarks or actions;
C.  Unwanted hugs, touches or kisses;
D.  Requests for sexual favors; or
E.  Retaliation for communicating about or filing a complaint of sexual harassment.
5.  Sexual misconduct.  "Sexual misconduct" means conduct described in Title 17-A, 
chapter 35.
Sec. 2.  14 MRSA §733, sub-§2, ¶C, as enacted by PL 2023, c. 626, §2 and affected 
by §§3, 4 and 7, is amended to read:
C.  Exercise of the right of freedom of speech or of the press, the right to assemble or 
petition or the right of association, guaranteed by the United States Constitution or by 
the Constitution of Maine, on a matter of public concern; or
Sec. 3.  14 MRSA §733, sub-§2, ¶D, as enacted by PL 2023, c. 626, §2 and affected 
by §§3, 4 and 7, is amended to read:
D.  Written or oral statement made in connection with a discrimination complaint 
pursuant to the Maine Human Rights Act or any written or oral statement made in 
connection with a complaint pursuant to Title 20‑A, chapter 445 or the so-called Title 
IX provisions of the federal Education Amendments of 1972, Public Law 92-318.; or
Sec. 4.  14 MRSA §733, sub-§2, ¶E is enacted to read:
E.  Communication, made without malice, regarding an incident of sexual assault, 
sexual harassment, sexual misconduct, cyberbullying or discrimination experienced by 
the person, who has or at any time had a reasonable basis to file a complaint concerning 
the sexual assault, sexual harassment, sexual misconduct, cyberbullying or 
discrimination, whether the complaint was filed or not. For purposes of this paragraph, 
discrimination may include any conduct prohibited by Title 5, chapter 337, subchapters 
3, 4 and 5-B.
SUMMARY
This bill amends the Uniform Public Expression Protection Act by protecting from 
causes of action a communication made by a person without malice, regarding an incident 
of sexual assault, sexual harassment, sexual misconduct, cyberbullying or discrimination 
experienced by the person, who has or at any time had a reasonable basis to file a complaint 
concerning the sexual assault, sexual harassment, sexual misconduct, cyberbullying or 
discrimination, whether the complaint was filed or not. For purposes of this bill, 
"discrimination" includes subjecting to harassment; failing to prevent an act of 
discrimination; aiding, abetting, inciting, compelling or coercing an act of discrimination; 
or retaliating against a person for reporting an act of discrimination.