Recent high-profile cases have put defamation in the spotlight. Yet, many people do not know what it is or misunderstand the purpose of defamation laws. To help clarify the topic, especially for survivors of domestic violence, sexual harassment, or sexual assault, we’ll answer: what is defamation, what should survivors know about it and consider before making public statements about their abuser, and how survivors can get legal help.

What Is Defamation? 

Defamation is a false statement about someone which damages the person’s reputation. Every state has laws intended to protect people harmed by untrue remarks because they can impact a person’s livelihood, standing in the community, relationships, and more. Every state’s defamation protections are balanced with our constitutional protections for freedom of speech and freedom of the press. 

Though there are differences in defamation laws from state to state, and this piece focuses on Illinois, the same general principles apply nationwide. These laws allow a purportedly harmed person or entity to file a civil lawsuit against the person or entity who made the remarks. The person or entity who files a claim with the court is called the “plaintiff.” The person or entity accused of making a false statement is called the “defendant.” 

When a defendant is found liable for defamation by the court, the plaintiff is entitled to damages. Damages are monetary compensation the court orders the defendant to pay for harm resulting from a defamatory statement.

What Should Sexual Assault Survivors Know About Defamation?

Abusers can sue their victims for sharing their experiences, forcing them to prove their statements are the truth in court or pay damages. Though anyone can bring a case, it requires money. Perpetrators with access to financial resources are more likely to threaten a suit or file one with the courts. 

These legal actions can be meritless and used to further abuse or silence a survivor. Most states (including Illinois) have anti-SLAPP (Strategic Lawsuit Against Public Participation) laws that generally give defendants the ability to ask the court to dismiss lawsuits arising from practicing their first amendment constitutional rights, including speech. While these laws can help shield survivors against lawsuits that have no merit or are being used to intimidate them, they offer limited protection and do not apply in many cases. Defamation suits against survivors continue to be a very real problem.

How Do Defamation Suits Impact Sexual Assault Survivors?

Perpetrators sometimes use defamation lawsuits as a tool to further harm victims. Defending against a defamation claim can be costly, and not just financially. It can be a form of extended abuse as it drags through the legal system. 

Lawsuits take up time and energy. They require the defendant’s attention and often cause stress. Survivors involved in a defamation battle may even be asked invasive questions under oath about what happened by attorneys representing their perpetrators, which can resurface painful memories and further traumatize them. There is also the financial cost of legal defense and payment of damages if the plaintiff wins the case. 

If a survivor receives a demand letter stating that they need to pay a certain amount of money in defamation damages, they should not automatically pay it! Get an attorney. Sometimes plaintiffs will not even send a demand letter. They may go directly to filing their suit with the court. Again, defendants should retain an attorney. See “Where To Get Legal Help” below.

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

Since the rise of the #MeToo movement, more survivors have spoken out about the abuse they’ve endured.  They should be able to talk about what they’ve experienced in the forum that is right for them. Unfortunately, there has also been a rise in threats of legal action and lawsuits alleging survivors’ statements were defamatory. Because speaking out carries risks regardless of the statement’s truth, survivors should weigh the pros and cons for themselves. 

Survivors may find healing and catharsis in talking about what happened, community with other survivors (sometimes of the same abuser), or solace in warning others about the person who harmed them. On the other hand, there are many disheartening examples of survivors coming forward and being victim-blamed, vilified, and disbelieved. Going public can impact their relationships, reputation, and mental health. It can also expose them to a defamation suit. 

Understanding the kinds of statements—and in what contexts—might make a survivor liable for defamation is vital to consider when deciding to speak out. A survivor can take steps to lower the risk, such as not naming the person who harmed them, sharing their image with accusations, or accusing them of a specific felony (such as sexual assault or rape, which can make the statement harder to defend). However, these steps do not guarantee that they won’t be subject to a defamation suit.

Since laws and practices vary state-to-state, a case can play out quite differently in California versus Virginia versus Illinois. Seeking legal counsel is the best way to understand the risks and how defamation laws may apply to a specific situation. 

Where To Get Legal Help 

If you are concerned that you may be subject to a defamation claim, have received a demand letter, or have been named a defendant in a court filing, you will likely benefit from legal counsel. Talking with an attorney will help you understand your options. While hiring a lawyer can be financially burdensome, it will typically cost less than paying demand money to the person accusing you of defamation. A lawyer may help you negotiate with the plaintiff, get a case dismissed by the court, and avoid costly litigation. 

While CAASE cannot represent survivors in defamation litigation, our legal program can provide referrals and guidance related to defamation for survivors seeking legal services more broadly.  On occasion, private law firms that offer pro bono counsel to CAASE clients may also be able to provide support. 

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This post should not be relied upon as legal advice. People considering or involved in legal action should consult their own legal counsel.

CAASE published this piece on June 7, 2022. It was written by Hayley Forrestal with input from Senior Staff Attorney Christina Zuba. Learn more about our staff here.