Sexual assault survivors face a number of challenges when they decide to come forward and seek justice. Even while striving to operate within the confines of the existing legal system, survivors can encounter obstacles when it comes to how, where, and when they disclose their experience. In some instances, defamation cases are brought forth by the person or persons named in the assault as a way to counter the allegations.
Recently, the state of California signed into law a bill that will help protect the rights of sexual assault survivors while discouraging frivolous defamation lawsuits that can slow proceedings, protract timelines, and inflate costs. The bill was proposed by attorney Victoria Burke, herself a survivor of sexual violence, who experienced these legal complications as she sought justice in her own case. The bill, AB 933, amends existing defamation law to further refine its definition and provide guidelines for legal expenses depending on case outcomes.
The Rape, Abuse & Incenst National Network, or RAINN, the nation’s largest anti-sexual violence organization, supported AB 933, submitting a letter of support to Gov. Gavin Newsom. “AB 933 just passed and protects survivors from defamation action, as well as ensures financial security in the event the defamation claim is a retaliatory action from the abuser,” RAINN shared on Instagram. This is not the first time that RAINN has spoken out about the role of defamation suits as they relate to survivors seeking justice. In a 2021 case involving E. Jean Carroll’s defamation lawsuit against President Donald Trump, RAINN filed an amicus brief advocating against improper use of defamation suits against those who report sexual assault.
The bill comes at a time where defamation suits have continued to rise in an age of increased access to news media and social sharing. While some expressed concern that AB 933 could leave room for fabricated allegations without defendants having substantial recourse, Burke and her team noted that the defamation law revisions stipulate a malice component must be present, which can help to protect those who are falsely accused. The bill is slated to take effect in California on Jan. 1, 2024, and Burke plans to bring similar legislation to lawmakers in Colorado, Illinois, and New York for consideration. “The victims deserve to walk in the light and feel safe in the open telling what happened to them without fears of retribution and financial devastation that a defamation lawsuit could bring,” Burke explained.
Under the guidance of RAINN President Scott Berkowitz, the nonprofit organization continues to lobby for the rights of survivors of sexual assault. “One of the challenges of this is the vast majority of sexual assaults are not reported. Even those that are often don’t lead to an arrest and conviction because of problems throughout the system,” explained Berkowitz. Advocates hope that legislation and policies like AB 933 will help to empower survivors to come forward without the fear of additional legal repercussions.
RAINN maintains a dedicated public policy team that works at both state and federal levels. By providing a bevy of resources, including RAINN’s National Sexual Assault Hotline (800-656-4673), Scott Berkowitz and RAINN are looking to provide essential supports for today’s survivors while also instilling change that can prevent crimes from occurring in the first place. “You’ve got to constantly adapt what you’re doing to the needs of the audience, the needs of those who are surviving assaults in the current era,” explained Berkowitz. By staying current with legislative endeavors across the nation and continuing to advocate for the rights of survivors, RAINN continues to help protect sexual assault survivors in diverse communities.
