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Bill would expand anti‑SLAPP protections to survivors of assault; advocates urge passage
Summary
HB 355 (Speak Your Truth Act) would strengthen anti‑SLAPP protections to cover survivors of sexual assault, raising the defamation standard to actual malice and allowing prevailing parties to recover fees and damages; survivors' groups urged a favorable report.
The committee heard House Bill 355, the "Speak Your Truth" Act, which would expand Delaware’s anti‑SLAPP protections to include survivors speaking about sexual assault, harassment, and discrimination. The presenter argued the bill addresses a legal gap that leaves survivors exposed to retaliatory defamation lawsuits and discourages reporting.
Emma Davidson Triggs, founding director of the National Women's Defense League, urged the committee to support the bill, saying that retaliatory defamation suits are traumatic and costly for survivors and can have a chilling effect on reporting. Victoria Burke testified virtually that the bill would close a loophole that currently excludes sexual‑assault allegations from anti‑SLAPP protections by requiring proof of malice for defamation claims and by allowing prevailing parties to recover attorney fees and damages.
Supporters said the bill would place a higher burden on plaintiffs who sue survivors for defamation and allow courts discretion on remedies. The presenters said the amendment preserves judicial discretion about remedies while providing stronger protections for survivors. Committee members heard testimony from advocates and did not take a final vote during the hearing.
