'Whatever you think about the merits of Depp’s case against Heard — and regardless of where the jury lands — one thing is clear: Defamation lawsuits against accusers are here to stay,' writes Deborah Tuerkheimer for latimesopinion.
Of course, if an allegation of abuse is truthful, the accuser-turned-defendant shouldprevail eventually. Even so, for survivors contemplating disclosure, the prospect of being sued can be a meaningful deterrent to publicly accusing one’s abuser. Many sexual misconduct victims cannot afford the financial cost of defending a lawsuit, even apart from the psychological toll this effort exacts.
Although a defense of truth may provide ultimate vindication for the accuser, winning in the end hardly seems satisfying. And there’s a grim irony in a survivor who deliberately chooses not to lodge a formal complaint winding up in a courtroom anyway, testifying to the abuse under the most formal conditions possible, and expending enormous resources merely to beat back a defamation claim. With that possibility lurking in the background, no survivor could be faulted for choosing to remain silent.
One modest safeguard is state anti-SLAPP laws. Anti-SLAPP statutes are designed to weed out meritless lawsuits that penalize and chill speech involving
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