Massachusetts lawmakers are considering new legislation that would expand criminal penalties for sexual offenses committed by rideshare drivers during the course of a ride. While the details are still evolving, what is clear is that the state is responding to a pattern seen across multiple industries: people in positions of relative power abusing vulnerable individuals in moments where they should be safest. As reported by WCVB, current state law is essentially “letting rideshare drivers get away with rape.”

As we’re heading into holidays and celebrations, many of us will rely on Uber, Lyft, or similar services to get us back and forth safely. While the proposed bill is being reviewed by the Joint Committee on the Judiciary, riders will benefit from knowing practical safety steps today.

Below is a brief look at what the proposed legislation would do and how to stay safe on your next ride.

Overview of the Proposed Massachusetts Rideshare Bill 

Under the proposed legislation (Bill S.1247 An Act Criminalizing Sexual Assault of a Passenger by a Rideshare Operator), any sexual offense that occurs during the course of a rideshare trip would be treated as criminal behavior. This applies regardless of perceived consent, recognizing the inherent imbalance of power between driver and passenger in an enclosed, restricted setting. The new rideshare legislation mirrors a 2024 Massachusetts law criminalizing sexual assault by medical professionals, confirming that when someone is in an inherently vulnerable position, the law should provide stronger protections. 

Key points of the proposed law are as follows:

• Criminal penalties would apply regardless of perceived consent and the law presumes any sexual act between driver and rider during a trip is criminal behavior
• It applies only to conduct inside the vehicle 

Removing the “He Said, She Said”

While exact numbers of rideshare-related assaults are difficult to track because many cases are never prosecuted, reported, or disclosed, the reality is that the problem is more common than most people realize. Prosecutors themselves have noted that many cases fall apart because of the difficulty of proving intent, lack of witnesses, or inconsistent reporting from rideshare companies.

Most crimes that occur during rideshares are opportunistic rather than planned, often perpetrated by predatory drivers taking advantage of vulnerable riders. This legislation attempts to shift the burden away from victims by creating a clear statutory framework that holds perpetrators accountable.

Current Safety Guidelines

Massachusetts requires Transportation Network Companies (TNCs) like Uber and Lyft to implement various safety measures, and for years, companies have publicly stated that safety is a priority. Read more about what rideshare companies are doing to keep you safe in our prior blog. Their own policies prohibit:

• Flirting, staring, winking, or making suggestive comments
• Asking personal questions unrelated to the ride
• Any physical contact beyond what is strictly necessary

But manuals and policies can’t prevent someone with malicious intent from causing harm, and people who commit sexual assault clearly don’t follow guidelines. If enacted, this bill would send a strong message: during a rideshare trip, any sexual conduct between driver and passenger is a criminal offense. 

Do I Have A Civil Claim Against the Rideshare Company?

While the proposed legislation focuses on criminal penalties, there are circumstances where passengers who have been assaulted may also have grounds for civil claims against the rideshare company itself. These cases include those where the drivers had prior complaints or incidents that Uber knew or should have known about and failed to act to protect passengers. 

A viable civil case may exist when:

• The driver is a repeat offender, or
• The company failed to conduct proper background checks, delayed action on driver misconduct, or ignored criminal history updates

If you were assaulted in a rideshare, your attorney can determine whether the company complied with all legal obligations and whether or not you have a viable civil case in addition to any criminal prosecution of the driver. 

How to Stay Safe in a Rideshare

While the exact timeline for the proposed legislation is still unclear, this is an important moment for both passenger safety and broader public awareness. If you plan to use a rideshare service this holiday season, there are a few things you can do to stay safe:

Before You Get In:

• Order your ride inside and wait there until the app shows your driver has arrived
• Make sure the driver has an excellent rating and look for any red flags
• Ride with a buddy whenever possible, especially late at night or when intoxicated 
• Look for the required app sign displayed on the vehicle’s windshields

Verify Your Ride:

• Match the license plate number with what’s shown in the app
• Match the car make, model, and color
• Check that the driver’s photo matches the person in the car
• Ask the driver to confirm your name before you get in (rather than telling them your name and asking for confirmation)

During Your Ride:

• Sit in the back seat, especially if riding alone
• Share your trip status with friends and family
• Consider calling and talking to a friend or family member for the duration of the ride
• Don’t accept food or drinks from your driver
• Don’t share personal information with the driver, including whether your destination is your home
• Know how to quickly access all the safety features in the app including ride sharing, trip confirmation, 911 access, and silent alert or ADT contact if applicable

Above all, trust your instincts. If you feel unsafe, you can end the ride at any time. 

If You Were Assaulted in a Rideshare Vehicle

Parker Scheer represents survivors of sexual assault in rideshare vehicles, and whether or not this bill becomes law, survivors have rights. If you were sexually assaulted by a rideshare driver, you do not have to navigate this alone. 

If you have questions about your rights or want to speak confidentially with an attorney, contact us today at no charge. We are here to help.

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FAQ Section for Rideshare Safety & New Legislation

What would the new Massachusetts rideshare bill do?

The proposed legislation would classify any sexual act between a rideshare driver and passenger during a ride as criminal conduct, regardless of consent. Its goal is to remove ambiguity and strengthen protections for vulnerable riders.

Why is this legislation being proposed now?

Prosecutors and lawmakers have noted that many rideshare assault cases fall apart due to lack of witnesses, unclear intent, or inconsistent reporting. The bill aims to provide clearer statutory guidance and make prosecution easier.

Does the law apply if an assault happens after the ride ends?

No. The bill only covers conduct that occurs inside the vehicle during the ride. Incidents that occur at a destination or afterward would be prosecuted under existing laws.

Are rideshares generally safe?

Yes. More than 99.9% of trips end without any safety incident. However, isolated but serious incidents do occur, which is why awareness and legal protections remain important.

What safety measures do Uber and Lyft already have?

Both companies use background checks, GPS tracking, identity verification, ratings, in-app emergency tools, and safety hotlines. Massachusetts adds its own state-level CORI checks and regulatory requirements.

Can I sue the rideshare company if I was assaulted by a driver?

Possibly. A civil claim may exist if the driver had prior complaints or if the rideshare company failed to conduct required background checks, acted too slowly on red flags, or failed to deactivate a dangerous driver.

What should I do to stay safe during a rideshare trip?

Verify the vehicle and driver, sit in the back seat, share your trip status, avoid sharing personal information, and use in-app safety features. Trust your instincts and end the ride if anything feels wrong.

What are my rights if I was assaulted in a rideshare vehicle?

Survivors have criminal and civil legal options, regardless of whether the new law passes. An attorney can help determine what claims may be available and whether the rideshare company bears responsibility.