Being a victim of sexual assault is bad enough, but finally finding the courage to speak up and then being called a liar – or worse – by the person who assaulted you, is even worse. There may, however, be a recourse for these types of circumstances. Women who have survived a sexual assault have been turning to defamation lawsuits to fight back against their attackers.
The Elements of a Defamation Lawsuit
Defamation laws will vary from state to state, but there are some general standards that make these laws similar to each other. In general, a person must prove the following in order to prevail in a defamation lawsuit:
- The defendant made a statement
- The statement was published
- The statement caused injury
- The statement was false, and
- The statement didn’t fall into a privileged category
Some explanation is necessary to better understand the elements listed above. The statement can be oral (slander) or written (libel), and a statement is “published” if a third party has heard, seen, or read the statement. Harm to reputation is enough to satisfy the injury element. Finally, while the other elements may be met, if the statement was privileged, a defamation lawsuit will fail. An example of a privileged statement is one given as a witness at a trial.
Related Resources:
- Find Personal Injury Lawyers Near You (FindLaw’s Lawyer Directory)
- Torts and Personal Injuries (FindLaw’s Learn About the Law)
- Sex Crimes (FindLaw’s Learn About the Law)
- Civil Lawsuits for Sexual Assault, Harassment: Top 10 Cases and Questions (FindLaw’s Injured)
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