Senate Bill 180 took center stage during the Oregon State Legislature meeting on April 16, 2025, as lawmakers discussed significant changes aimed at protecting victims of sexual assault from defamation lawsuits. The bill seeks to eliminate the "chilling effect" that current laws impose on victims, who may hesitate to speak out due to the fear of being sued for defamation by their alleged assailants.
The judiciary committee highlighted that many victims are deterred from sharing their experiences, even in private settings, due to the potential for protracted legal battles. Under existing law, individuals claiming to be victims of sexual assault can face defamation lawsuits if the accused believes their reputation has been harmed. This situation has created a barrier to open communication, which the committee recognized as a serious issue.
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Subscribe for Free Senate Bill 180 proposes a crucial policy change: it would require plaintiffs in defamation cases related to sexual assault claims to prove that the victim communicated their experience with "malice." This means that the accuser must demonstrate that the victim knowingly made false statements or acted with reckless disregard for the truth. By elevating the standard of proof for defamation claims, the bill aims to empower victims and encourage them to come forward without the fear of legal repercussions.
The implications of this legislation are significant. By shifting the burden of proof, the bill could reduce the number of defamation lawsuits filed against victims, thereby fostering a more supportive environment for those who have experienced sexual assault. As the Senate prepares to vote on this amendment, advocates are hopeful that it will lead to greater accountability for perpetrators and a stronger voice for survivors.