SPEAK UP, PAY UP: WHY NEW YORK SHOULD ENACT THE SPEAK YOUR TRUTH ACT AND END THE CHILLING EFFECT ON SEXUAL ASSAULT SURVIVORS FOLLOWING THE #METOO ERA

Authors

• Maya Burnette

Abstract

Sexual assault is one of the most prevalent forms of violence in the United States. It is also one of the least reported. With criminal and civil avenues often providing little justice, many survivors turned to the public to tell their stories. In the wake of the #MeToo movement, thousands of survivors publicly shared their experiences, prompting significant social and legislative change. Yet many who spoke out faced retaliatory defamation lawsuits filed by alleged abusers to silence them. These suits, commonly known as Strategic Lawsuits Against Public Participation (“SLAPP suits”), pose a substantial threat to survivors’ speech. Despite recent reforms, New York's anti-SLAPP law does not explicitly protect speech regarding sexual assault, leaving survivors vulnerable to costly and intimidating litigation. By contrast, California’s 2023 “Speak Your Truth Act” provides that statements regarding sexual assault made without malice are privileged, effectively shielding survivors from defamation liability. This Note argues that New York should enact similar legislation to provide explicit statutory protection for survivors who speak out about their experiences and ensure that anti-SLAPP protections meaningfully apply to individuals who speak out about sexual assault.

Recommended Citation

Maya Burnette, SPEAK UP, PAY UP: WHY NEW YORK SHOULD ENACT THE SPEAK YOUR TRUTH ACT AND END THE CHILLING EFFECT ON SEXUAL ASSAULT SURVIVORS FOLLOWING THE #METOO ERA, 34 J. L. & Pol'y 196 (2026).
Available at: https://brooklynworks.brooklaw.edu/jlp/vol34/iss2/5