This bill introduces a new section, 507:15-c, to the existing law that prohibits retaliatory defamation against victims who report incidents of sexual misconduct, sexual abuse, sexual assault, sexual harassment, or domestic abuse. Specifically, it prevents individuals accused by victims from filing defamation lawsuits against those victims, except under certain conditions outlined in the bill. These conditions require that the plaintiff must provide specific factual evidence that either the alleged act was impossible for them to have committed or that the victim has publicly stated that the incident did not occur. The bill also defines "report" and "victim" for clarity in legal proceedings.
Additionally, the bill stipulates that if a victim prevails in a retaliatory defamation case, they are entitled to recover court costs, reasonable attorney fees, and may also receive punitive damages along with treble compensatory damages. The effective date for this legislation is set for January 1, 2026, and it is projected to have a fiscal impact of less than $10,000 for each fiscal year from 2026 to 2028.
Statutes affected: Introduced: 507:15