The legal system is being weaponised to silence survivors of sexual and gender-based violence

A new report, From Survivor to Defendant: How the law is being weaponised to silence victims of sexual violence by Index on Censorship reveals how survivors of sexual and gender-based violence (SGBV) in the UK and Ireland are being silenced through abusive legal actions known as strategic lawsuits against public participation (SLAPPs).

Since 2017, the #MeToo movement has encouraged millions of women to share their experiences of sexual and gender-based violence (SGBV). But speaking out has not come without risks. Some survivors (and the journalists covering their stories) have faced legal threats from the very people accused of perpetrating SGBV. As a result, courts are increasingly being weaponised to continue abuse, with few protections in place. 

An anonymous survivor of SGBV said: “So much was taken from me when I was sexually abused, but I still had my voice. It felt like in suing me he was taking that final piece. Being sued for defamation felt like the ultimate form of gaslighting. The impact of these proceedings will follow me for the rest of my life.”

Until now, the majority of policy discussions surrounding the issue of SLAPP have largely been related to journalism, with less focus on cases arising from other public interest issues. From Survivor to Defendant represents an effort to address that awareness gap. It focuses on the four legal systems in the UK and Ireland: Scotland, Northern Ireland, England and Wales, and the Republic of Ireland. The report includes a wide range of recommendations to policy-makers across all four jurisdictions, regulators, law firms and other relevant stakeholders, including a call to establish universal anti-SLAPP protections in legislation to ensure all survivors are protected. 

Baroness Helena Kennedy KC said: “I commend this report for shining a light on an issue that has for too long operated in the shadows. It exposes the profound and far-reaching impact that SLAPPs have, not only on survivors themselves, but on society as a whole. The cost of failing to take action against SLAPPs falls not only on those directly targeted, but also on survivors silenced by fear, on the public denied access to vital information, and on our justice systems undermined and discredited when manipulated in this way.”

Jemimah Steinfeld, CEO of Index on Censorship said: “We are really grateful to the women who have spoken to us for this report. Their bravery in confronting what happened to them and fighting for their rights to speak out is truly commendable. We hope that through their words, and our work here, we can finally put an end to the terrible practice of SLAPPs. As the report shows this isn’t a niche issue, but instead one that impacts justice across the spectrum.”

Professor Olga Jurasz, Director of the Centre for Protecting Women Online, The Open University said: “This report is pivotal in revealing how SLAPPs are used to silence survivors of sexual and gender-based violence, compounding their trauma and deterring them from speaking freely about their experiences. It serves as a critical reminder that the law, while a tool for protection and justice, can also be distorted into an instrument of suppression (and oppression) against the very individuals it seeks to safeguard.”sexusexual and gender-based violence

The report will be launched at an event in the Houses of Parliament on Wednesday 15 October, sponsored by Baroness Helena Kennedy KC. With words from Baroness Helena Kennedy KC (House of Lords), Jemimah Steinfeld (Index on Censorship), Olga Jurasz (Centre for Protecting Women Online, The Open University), SLAPP targets Lucy and Verity Nevitt and lawyers, Jennifer Robinson (Doughty Street Chambers) and Mark Stephens (Howard Kennedy).

Index on Censorship is a non-profit organisation that campaigns for and defends free expression worldwide, including by publishing work by censored writers and artists and monitoring threats to free speech. We lead global advocacy campaigns to protect artistic, academic, media and digital freedom to strengthen the participatory foundations of modern democratic societies. www.indexoncensorship.org 

ENDS

Media contact:

• For more information or press enquiries, please contact: [email protected]
• Index on Censorship is grateful for the funding from Joseph Rowntree Charitable Trust and the Open University Centre for Protecting Women Online to support the production of this report. 
• Index on Censorship is the co-founder and co-chair of the UK Anti-SLAPP Coalition. Learn more here: https://antislapp.uk/ 

You can download the report here or read it below: