Oregon Legislature passes bill to protect sexual assault survivors who speak out

A

bill that would protect good faith disclosures

of sexual assault from defamation lawsuits

passed the Oregon Senate

on Tuesday.

Senate Bill 180, which passed the House last month, had broad bipartisan support.

Advocates argued that the threat of defamation lawsuits effectively chills

disclosures of assault

.

Oregon’s anti-Strategic Lawsuit Against Public Participation law — commonly known as SLAPP — protects sexual assault disclosures to police or another investigative agency; SB 180 expands the law to specifically include any true public disclosure of sexual assault, including on social media.

Among those who advocated for its passage: Em Konz, 19, who disclosed on Snapchat her account of sexual assault at a Portland middle school when she was 12. She had accused another student who was 14 at the time.

The boy’s family sued her for defamation in Multnomah County Circuit Court and sought $520,000 in damages.

Konz filed a counterclaim, alleging she was sexually assaulted and experienced emotional distress as a result. She sought $2.6 million in damages.

The jury sided with Konz, awarding her $600,000 in damages.

Rep. Kevin Mannix, R-Salem, who championed the bill, hailed its passage.

He said defamation lawsuits in cases where the allegations of sexual assault are true “don’t seek truth — they seek silence.” He called the bill “a crucial step in protecting the voices of sexual assault survivors from being silenced by wealth, power, and legal intimidation.”

Gov. Tina Kotek will review the bill when it gets to her desk, her spokesperson said.

— Noelle Crombie is an enterprise reporter with a focus on criminal justice. Reach her at 503-276-7184 or ncrombie@oregonian.com.

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