Op-Ed: No matter how the Heard/Depp trial ends, defamation lawsuits against accusers are here to stay

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'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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opinion If it is the option someone has to attempt to clear their name they should be here to stay. Why is it appropriate to have no evidence and be able to state that someone was an ongoing violent abuser without evidence? Imagine what society could turn to without boundaries.

opinion As it should be. Collect evidence and show proof and you won't have any problems. Innocent until proven guilty is part of this society.

opinion Thank goodness! Everyone needs to be validated 🙏

opinion Did da wittle bitty gurl hurt da beeg wich fwamous man? AAWWWW. AmberHeardIsABatteredWoman Vengeance StandwithAmberHeard JohnnyDeppVsAmberHeard IBelieveAmberHeard 💯

opinion As they should, if we're going to go around believing women just because 'she said'. That's not a functioning society. It's not justice. It's not even bloody logical. DeppVsHeard AbuseHasNoGender

opinion And the Narcissistic bully wins in that case. A person can't speak their truth or defend themselves because they could get ruined

opinion Chills free speech

opinion Accusations have increasingly been weaponized, there should be recourse if you have a false accusation. Just like you should be punished if you are an abuser

opinion If someone feels as if they've been besmirched unfairly then they should be able to make use of the justice system just like anyone else. Does cost a bit of cash for this level of legal accountability though. There is that.

opinion Well victims of accusations that are unfounded or unsupported by evidence should have a legal recourse to recoup damages caused by those accusations. This is why we have things like burden of proof and due legal process.

opinion Wouldn't it be cool to be able to have these trials over people who fucked us over? Yea, fuck them both. Only reason we hear about them is because we made them rich and famous. Lol

opinion SteveWynn

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