English
EspañolI want to publicly reveal the abuse I went through. Can I be sued for defamation?
As a first step, you may want to contact an attorney in STATE who has experience with defending slander/libel cases can give you specific advice about your situation. Here is a link to private, free and low-cost lawyers in STATE: LINK. I am not sure if any of the free legal services would deal with this issue and so you may have to consult with a private lawyer to get someone knowledgeable about the topic. Often the Bar Association, where we link to on our website, will offer an initial consultation with a private attorney for a low price.
One concern that comes up when a person is sharing their story of abuse and naming their abuser, or describing their abuse in such a way that the abuser is recognizable, is whether or not they could be sued by the abuser for defamation.
As you may know, a person seeking to prove defamation may need to show that:
1) the other person’s statement was false;
2) it was “published” to at least one other person; and
3) it negatively affected the person’s reputation within the community.
However, it is a defense to defamation if the person who is publishing this information can prove that it is the truth. Therefore, often, people who are revealing abuse or other negative truths about someone fear that they don’t have any “proof” to back up their account of what happened. Some things to consider when someone is trying to prove something is true are whether or not the incidents of abuse were ever told to others (such as friends, family members, or a therapist) either at the time the incidents occurred or at a later time; whether the incidents were written down anywhere (such as in a diary or calendar); and perhaps whether or not there are others who experienced similar incidents by the same perpetrator. Perhaps you may want to brainstorm with a lawyer to see if there may be any of these ways – or any other ways – to back up the incidents of abuse that you speak about just in case a lawsuit were later filed against you.
Also, one thing to consider is that even if someone can ultimately successfully defend himself/herself against a lawsuit for defamation, and get the lawsuit dropped after trial, the whole process of being sued, defending oneself in court, and hiring a lawyer can be very difficult emotionally, physically, and financially. However, some people believe that being able to speak their truth is more important and more healing for them than it would be to never speak about it. After weighing the risks of coming forward and possibly facing a lawsuit versus not speaking publicly about it, each person has to make the decisions that they are comfortable with. Lastly, often revisiting past abuse or the thought of possibly facing the abuser can bring on anxiety and other feelings of fear, depression, etc. If you want to reach out to a local domestic violence organization, you may be able to find a support group or counseling for free to deal with any emotions that this brings up for you. We link to local organizations here: LINK
