Speaking Up Shouldn’t Mean Getting Sued:

Understanding SLAPPs Against Survivors Sued for Defamation and More*

Written By: Guest Authors

Reporting a crime takes immense courage. For many survivors of sexual violence, the choice to report is not just difficult — it’s dangerous. In addition to fearing retaliation from the abuser, survivors increasingly face another threat: being sued for speaking out.

In what seems to be a growing number of cases, abusers are filing defamation suits and other civil claims against survivors who report abuse or cooperate with law enforcement. These retaliatory lawsuits, known as strategic lawsuits against public participation (SLAPPs), are designed to punish and silence survivors.

Take the story of “Jane,” a sexual assault survivor who reports the crime and assists in the investigation. The case ends before trial—but soon after, Jane is hit with a lawsuit from her abuser, accusing her of defamation, malicious prosecution, and more. Jane is now forced to defend herself in court for exercising her First Amendment rights.

SLAPP suits are not about seeking justice. They are about weaponizing the legal system to chill speech and punish survivors. The mere threat of a lawsuit — even one with no legal merit — can be enough to deter survivors from ever coming forward.

This is more than a tort case. It’s a First Amendment issue.

Survivors who report crimes are engaging in protected petitioning activity under the First Amendment. But to invoke that protection, lawyers should act fast: identify the case as a SLAPP, raise the First Amendment defense, and, where applicable, invoke state anti-SLAPP laws. Privilege can also act as an early shield, barring claims based on protected survivor statements. These tools — including the Noerr-Pennington doctrine and model statutes like the Uniform Public Expression Protection Act — offer critical shields against abusive litigation.

Thirty-eight states and D.C. have passed some form of anti-SLAPP laws, but the scope of protection varies widely. Additionally, federal courts remain divided on whether state anti-SLAPP laws apply in diversity cases. For an excellent state-by-state guide, we recommend the Survivors Speaking Out toolkit from our partners at the National Women’s Law Center.

The stakes for survivors facing SLAPPs are especially high in the digital age. Court filings are public. Google remembers everything. A defamation claim — even a failed one — can leave a permanent online mark. For survivors, the harm doesn’t end in court. It can follow them for life.

So what should advocates do?

Be vigilant. Know the signs. Reframe the case as a First Amendment issue. Push for absolute privilege. And demand stronger anti-SLAPP protections — especially at the federal level.

*To read more about the law on this topic, see Reporting Crime: A Victim’s First Amendment Right in the Victim Law Library. Originally published in Fall/Winter 2004 as part of the NCVLI Newsletter, with authorship by Meg Garvin and Wyatt Rolfe. NCVLI is incredibly grateful to Cari Simon, Esq., of The Fierberg National Law Group, an attorney who specializes in representing survivors of sexual assault, stalking, dating violence, and sexual harassment in university and K-12 settings nationwide, and May Varakon, her law clerk, for their work and collaboration in updating the article and crafting this blog post.