It's important to acknowledge the incredible courage it takes for a sexual abuse survivor to share their experience, especially on a public platform. This act of bravery, often a part of the healing process, serves many purposes.
For some survivors, sharing their story is not just a personal journey, but a way to empower others and provide a safe space for those who have experienced similar abuse.
It's important to remember that even after displaying such signs of bravery, some survivors have faced further trauma in the form of defamation lawsuits. This is a testament to their resilience and courage.
Defamation lawsuits are often used to silence sexual abuse survivors by weaponizing the legal system to intimidate, discredit, and punish them, even when the claims are unsupported by facts.
In such cases, abusers file Strategic Lawsuits Against Public Participation (SLAPPs) to shift the focus to themselves as victims, undermine the survivor's credibility, and cause the sexual abuse survivor immense financial and emotional costs of defending themselves.
When this occurs, it serves as a warning that can deter other survivors from coming forward and contributing to the problem of gender-based sexual violence.
What is Defamation?
Defamation refers to a person making a false statement that damages another person's reputation. You may hear defamation referred to using other terms, such as libel, which are written false statements, or as slander, which are spoken false statements.
Simply put, defamation is a false statement of fact, made to a third party, that harms a person's or business's reputation. It includes libel, which is written or published defamation, such as a social media post, and slander, which is spoken defamation.
Under California defamation law, for a statement to be considered defamation, it must be objectively untrue and unsubstantiated, meaning there is no credible evidence to support the accusation.
For a statement to fall into the category of defamation under the law, it needs to meet one of the following criteria:
- Accuses a person of committing a crime
- Claims a person has an infectious, contagious, or loathsome disease
- Directly injures a person in their profession, trade, or business
- Accuses a person of sexual immorality or inability to participate in sexual activities
- The statement by natural consequences causes damage
Accusing someone of sexual assault can, of course, meet these criteria. But it's important to remember that the allegations must be false for them to count as defamation.
To prove defamation, the plaintiff generally must show the statement was false, published to others, made with fault or negligence, and caused harm to their reputation or caused quantifiable damages.
Deny, Attack, Reverse Victim and Offender (DARVO)
Using defamation as a weapon against sexual assault survivors is a common manipulation tactic perpetrators employ. We refer to this strategy as Deny, Attack, Reverse Victim and Offender (DARVO).
Perpetrators using DARVO deny the allegations, attack the survivor, accusing them of abuse, and portray themselves as the victim.
Threatening a defamation lawsuit can be used as a weapon to intimidate, silence, and harass critics, even when the underlying claim has no legal merit. This tactic is a form of legal intimidation that exploits the high cost and stress of litigation to pressure the target into silence.
Many abuse survivors don't pursue civil sexual abuse cases against their abuser. There is an understandable fear of facing their abuser in court, reliving the experience, and defending their abuse when their personality and actions will be scrutinized.
A defamation lawsuit presents the same concerns, leaving survivors feeling that there is nothing they can do but stay silent to avoid court.
SLAPP suits often target individuals or smaller organizations with fewer resources, who may lack the funds to mount an aggressive legal defense against a powerful corporation or wealthy individual.
Key Takeaways
- The threat is often effective because even a baseless lawsuit can take years and is highly expensive to defend.
- Plaintiffs may intentionally prolong the legal process to drain all of the defendant's resources.
- The goal for the aggressor is often not to win the lawsuit but to force the sexual abuse victim to agree to a settlement, which typically includes a silencing or gag order.
- Threatening a defamation suit is one way to prevent the public disclosure of truthful, but highly damaging, information.
- A plaintiff who is actually concerned about the sex abuse facts coming out would not want to risk a public trial.
Proving Defamation in Court
To prove defamation in court, the plaintiff, your abuser, would have to prove that successfully:
- You made a statement about them and your abuse of others
- The statement was false
- It caused your abuser reputational harm
- The statement is not protected by privilege
Remember, as a survivor, the truth is always on your side, but your California sexual abuse attorney will do everything in their power to get your case dismissed before it even enters the courtroom.
Abusers who threaten survivors with defamation suits are rarely familiar with these laws. They use fear, not facts or correct legal interpretations, to perpetuate the cycle of abuse.
Fortunately, California has laws in place that serve to protect survivors of sexual assault from defamation lawsuits, and they have decided to speak out. Among the most important are:
Anti-SLAPP Law
Strategic Lawsuits Against Public Participation (SLAPP) lawsuits are those where someone files a lawsuit to intimidate them or silence the persons who are suing. When your abuser threatens to or actually files a defamation lawsuit against you, it's a SLAPP lawsuit.
Code of Civil Procedure § 425.16 is California's Anti-SLAPP law. It serves to protect survivors like you by preventing the continuation of the lawsuit and punishing abusers who file defamation lawsuits against survivors.
The law protects survivors from being put through the emotional and financial hardships of a trial. The Anti-SLAPP allows your attorney to get your case dismissed before it ever gets to the point where you are defending your rights and reputation before the court.
MeToo Bill (AB 933)
California has even more laws in place to protect sexual abuse survivors. In 2024, California's MeToo Bill, Civil Code § 47.1, went into effect.
This law provides survivors with a legally safe pathway to share their experiences of sexual assault, harassment, discrimination, and sexual cyberbullying. It establishes a privilege that protects survivors from being held liable for the statements they make about their abuse.
How a Sexual Abuse Attorney Can Help in Your Defamation Case
At the Injury Justice Law Firm, we're here to protect your rights and put an end to the wrongful defamation lawsuit filed against you. You should never feel scared, alone, or silenced. Our attorneys are here to seek justice for you.
If you receive a threat of a defamation lawsuit, it is important to take it seriously, but do not be intimidated into silence. You should avoid engaging with the person directly. Do not make any retractions or apologies.
Acknowledge receipt of the correspondence and state that you are seeking legal advice. Our lawyers can help you assess the merit of the claim and determine the best course of action. We can also send a cease-and-desist letter on your behalf, which can be more effective than sending one yourself.
Keep copies of all communications, including the threat itself, any evidence related to the disputed statement, and a record of any harm caused by the threat. You need to understand that thorough documentation is critical for building your defense.
For more information, contact our sex abuse lawyers at the Injury Justice Law Firm, based in Los Angeles, CA.
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