New York State Assembly Introduces Bill to Protect Survivors of Sexual Assault, Harassment, and Discrimination from Defamation Lawsuits

Strategic Insights -

The New York State Assembly has introduced a bill to amend the civil rights law and provide greater protections for survivors of sexual assault, harassment, and discrimination from defamation lawsuits. The bill, which aims to prevent survivors from being silenced and intimidated by frivolous lawsuits, has been proposed in response to the growing awareness of assault, harassment, and discrimination highlighted by the MeToo and Black Lives Matter movements.

Key Takeaways:

  • The bill aims to amend the civil rights law to provide that communications with factual information related to incidents of sexual assault, harassment, or discrimination are privileged and thus protected from liability for defamation.
  • The bill would provide greater protections for victims of assault, harassment, and discrimination against illegitimate claims of defamation and prevent defamation laws from being weaponized by perpetrators to silence and cause further harm to survivors.
  • The proposed legislation would allow survivors to reclaim power by speaking out about their abuse, harassment, and discrimination without the threat of litigation.
  • According to the National Sexual Violence Resource Center, 81% of women and 43% of men have experienced some form of sexual harassment and/or assault in their lifetime.
  • Glassdoor data indicates that 61% of U.S. employees have experienced or witnessed discrimination based on race, gender, age, and sexuality.
  • Legal Momentum reports that defamation lawsuits can be emotionally damaging, time-consuming, and financially straining for survivors, and can silence and discredit them, discouraging them from speaking out about their abuse.
  • The Criminal Justice System Statistics reveal that 20% of survivors cite a fear of retaliation as their primary reason for not reporting their abuse.

Statistics:

  • 81% of women and 43% of men have experienced some form of sexual harassment and/or assault in their lifetime (National Sexual Violence Resource Center).
  • 61% of U.S. employees have experienced or witnessed discrimination based on race, gender, age, and sexuality (Glassdoor).
  • 20% of survivors cite a fear of retaliation as their primary reason for not reporting their abuse (The Criminal Justice System Statistics).
  • Legal Momentum reports that defamation lawsuits can be emotionally damaging, time-consuming, and financially straining for survivors.

Sources:

  • National Sexual Violence Resource Center
  • Glassdoor
  • Legal Momentum
  • The Criminal Justice System Statistics
  • Kaufman, Lieb, Lebowitz, and Frick (Kaufman, 2007)