Can I Be Sued for Defamation for Accusing Someone of a Sex Crime?

There have been several retaliatory defamation lawsuits filed against sexual assault survivors who spoke out about their experiences. This has brought into light the many ways sexual assault survivors are silenced for coming forward. If you were sexually assaulted, remember that when filing a sexual assault claim or speaking out about the assault, there is a possibility your abuser may attempt to sue you for defamation. However, this can happen only when the accused party can prove the statement was false and caused them harm as a result. Fortunately, there are ways to minimize such legal risks.

An experienced sexual assault attorney can help you understand how you may protect yourself from retaliatory lawsuits filed by the accused party. Our law firm is dedicated to holding abusers accountable and will fight for justice on your behalf if your abuser tries to silence you with a defamation lawsuit. To learn more, reach out to us and schedule a free and confidential legal consultation.

What is Defamation?

Simply put, defamation is a statement that can hurt an individual or business’ reputation. This is because defamatory language diminishes the respect, esteem, or goodwill of the target individual. Laws are put in place to protect us from false and damaging statements that may be published or broadcast to a third party. Defamation includes both libel (written or published false statements) and slander (verbal or spoken false statements).

To bring a defamation lawsuit, the plaintiff must prove the falsity of the defamatory statement, publication of the statement to a third party, some fault on the part of the defendant, and harm caused to the reputation of the injured party. For an actionable lawsuit, the defendant should know that the defamatory statement was false and/or they should have acted with reckless disregard toward finding the truth. A reasonable third party must believe that defamatory language was used against the targeted individual. ‘Publication’ here refers to intentional or even negligent communication to a third party who understands the defamatory nature of the statement.

The legal premise for defamatory lawsuits hinges on the falsity of the injuring statement, which means truth is an absolute protection to counter defamation charges. Since Crown v. John Peter Zenger in 1735, courts have consistently upheld that the truthfulness of a statement, however harmful to one’s reputation, can be broadcasted. In other words, no defendant may be held liable for defamation for making or repeating true statements.

Circumstances That May Result in a Defamation Lawsuit

The circumstances that may lead to a defamation lawsuit vary widely. Generally speaking, defamation is a false statement of fact communicated to a third party that harms the reputation of the subject of the statement. That harm must be tangible and measurable, such as lost job opportunities or financial losses.

When it comes to accusing someone of a sex-related offense, a person may file a defamation suit based on false, harmful statements made in the course of an investigation. This may include accusations made on social media, emails sent to a third person, false information passed on from a third person, or repetition of a defamatory statement made by someone else.

Note that you may sue someone for malicious prosecution in serious instances such as a false accusation leading to an arrest or legal action. Typically, the actual malice standard is used for defaming public figures. For private figures and matters of public concern, the plaintiff must prove that the defendant acted with either negligence or actual malice.

This is why it is important to ensure that any statement made should be truthful. Even seemingly innocent statements may result in defamation lawsuits if one is not careful.

How Defamation Lawsuits Have Been Used to Silence Survivors

Defamation lawsuits have increasingly been used to silence survivors of sexual assault and other forms of abuse. These lawsuits are often expensive and time-consuming and can have a chilling effect on the willingness of the survivors to speak out against their abusers. In some cases, abusers may threaten survivors with defamation suits to prevent them from speaking publicly about their experiences or to discourage them from seeking justice. Defamation claims also give abusers a platform to attempt to discredit those who courageously speak out against them in the court of public opinion.

Who Can Sue for Defamation?

Defamation is a civil wrong, meaning that any individual or organization can be sued for defamation for making a false and damaging statement about someone else. In the United States, individuals, companies, groups, and even governments can bring a defamation suit. Generally, anyone who has been the subject of a false and malicious statement has the right to seek legal recourse against defamation.

In the case of sex-related offenses, both the accused and the accuser can sue the other for defamation if either party believes their reputation has been damaged by the false accusations. For instance, when Virginia Giuffre filed a defamation lawsuit against former Harvard Law School professor Alan Dershowitz for denying her sexual misconduct claim, he filed a countersuit against her. However, both parties later dropped their lawsuits.

Elements That Must be Proven to Establish Defamation

To establish a case of defamation, four elements must be proven:

• The defendant must have made a false statement about the plaintiff. The statement must be seen as defamatory or damaging to the plaintiff’s reputation. The statement must also be published or communicated to a third party.
• The defendant must have acted with fault. This means that the statement was either made negligently, with reckless regard to the truth, or maliciously. If the plaintiff can prove malice, they may be entitled to punitive or presumed damages in addition to compensatory damages for matters of public concern.
• The statement must have caused actual damages to the plaintiff’s reputation. This could include financial losses, such as loss of employment.
• The plaintiff must prove that the statement was not privileged. Certain statements are protected by law if they are published under certain circumstances. For example, many states recognize a privilege when statements are made during judicial proceedings.

The Emergence of Anti-SLAPP Laws

In response to the increasing number of defamation lawsuits to silence survivors of sexual assault, several states have adopted anti-SLAPP laws. Short for ‘strategic lawsuits against public participation,’ the anti-SLAPP laws are designed to protect citizens from being sued for making public statements about matters of public concern. These laws are designed to protect free speech and discourage people from filing meritless claims against individuals who make true statements about matters of public concern.

The anti-SLAPP laws protect those who make a statement about an issue of public importance or a government policy or official, even if the statement is considered defamatory. Anti-SLAPP laws are in place in 32 states, including California, Texas, New York, and Florida. The exact nature of the anti-SLAPP laws varies from state to state, so it is important to understand the specific protections that exist in your state before making any statements that could potentially be perceived as defamatory. A sexual abuse attorney can help you understand the anti-SLAPP provisions specific to your state.

What Should a Survivor Consider Before Speaking Publicly About Their Experience?

Survivors of sexual assault or sexual harassment have the right to tell their stories in whatever form they choose. If you or your loved one is a survivor of sexual assault, you may want to consider some factors before you come forward with your story. These may include potential legal consequences, personal and public safety, and the impact on emotional health. An experienced sexual abuse attorney can help you understand how best to protect yourself as you pursue justice against the people responsible for the crime.

How a Sexual Assault Lawyer Can Help

Seeking legal recourse against your perpetrator can help you heal from the pain and trauma and move on to the next chapter of your life. It can also protect others from being abused like yours. A skillful sexual abuse lawyer can guide you on the best legal approach based on your case. They can advise you on how you can protect yourself from a defamation lawsuit or if needed, file a defamation lawsuit against your abuser or an enabling third-party institution potentially responsible for the sexual assault.

Contact Edwards Henderson Today

At Edwards Henderson, our team of dedicated sexual assault lawyers is nationally recognized for its success in achieving justice for survivors. We have helped survivors seek justice against some of the most powerful and influential groups of individuals.

If you would like to understand more about defamation lawsuits and how you may file or protect yourself against one, you may contact Edwards Henderson for free and confidential legal consultation.