Photo: Office of Jessica González-Rojas
April 23, 2025 By Shane O’Brien
Assembly Member Jessica González-Rojas joined fellow lawmakers, legal experts and survivors of sexual assault on Tuesday to call for the passage of the Speak Your Truth Act, legislation aimed at protecting survivors who speak publicly about abuse from retaliatory defamation lawsuits.
At a virtual press conference, González-Rojas and supporters argued that survivors face a “very real” risk of being countersued for defamation by the individuals they accuse, a threat they say discourages victims from coming forward.
If enacted, the Speak Your Truth Act would classify communications related to sexual assault as privileged in civil proceedings, shielding them from use in defamation suits. The bill would also allow courts to require plaintiffs who lose such defamation cases to cover survivors’ legal costs and related damages.
Modeled after a law introduced in California in 2023, the proposed legislation has since been adopted in 16 states. Advocates said retaliatory defamation lawsuits have been used as “silencing tactics” in several high-profile cases.
During Tuesday’s event, speakers referenced legal threats made by former Gov. Andrew Cuomo, who is currently a front-runner in the 2025 New York City mayoral race. Cuomo resigned in 2021 after multiple allegations of sexual harassment, which he has repeatedly denied.
File Photo from the office of former Gov. Cuomo
Cuomo has threatened to sue Charlotte Bennett, a former aide who accused him of sexual harassment, and her attorney Debra Katz, following the dismissal of a federal lawsuit Bennett filed last year. According to a New York Post report, Cuomo’s legal team accused Bennett and her attorney of knowingly making false and defamatory statements with the intent to damage his reputation.
Attorney Victoria Burke, who developed the California legislation that inspired the New York bill, cited the Cuomo case as an example of how defamation lawsuits can be used to suppress survivors’ voices.
“Even right now, there’s a former governor suing one of the people who came forward in his case,” Burke said. “It’s happening all the time, and there’s now a cottage industry of attorneys that have sprung up just to bring these crushing lawsuits forward.”
Emily Miles, executive director of the New York City Alliance Against Sexual Assault, said high-profile defamation threats may discourage other victims from reporting abuse.
“With every case, survivors are watching,” Miles said. “There are so many people who have experienced harassment and sexual abuse who are wondering what’s going to happen, or what might happen, if they come forward.”
González-Rojas, who represents District 34—which includes Astoria, Corona, East Elmhurst, Jackson Heights, and Woodside—chairs the Task Force on Women’s Issues and is the bill’s lead sponsor. She said she believes defamation threats are commonly used to deter survivors from seeking justice.
“We’ve seen too many abusers, including former Governor Cuomo, threaten or weaponize defamation lawsuits against the people they’ve harmed for simply speaking out,” she said in a statement.
Cuomo’s spokesperson Rich Azzopardi did not comment on the legislation but pointed to a previous statement regarding the Bennett case. In an April 18 statement, Azzopardi alleged that Bennett had filed a “fraudulent” lawsuit and voluntarily dismissed the case before facing a deposition.
“If Ms. Bennett had been forced to give a deposition in her case against the State, she would have dropped that lawsuit too because she cannot testify under oath and answer for the evidence obtained,” Azzopardi said.
Supporters of the Speak Your Truth Act maintain that the bill is not intended to target any specific case or individual, but rather to provide legal protection for all survivors of sexual abuse or harassment.
González-Rojas, a sexual assault survivor herself, said the bill would remove a major barrier to justice.
“Survivors have every right to bring civil action against those who abused them without fearing retaliation,” she said. “I urge my colleagues in the Assembly and Senate to pass this important bill and for Governor Hochul to swiftly sign it into law.”
State Sen. Brad Hoylman-Sigal, who sponsors the legislation in the Senate, said defamation lawsuits are often brought by wealthy individuals in positions of power as a way to intimidate victims.
“These lawsuits… are used to silence and discredit survivors, as well as discourage them from speaking out at all to avoid expensive court cases and potential financial losses,” Hoylman-Sigal said.
Other lawmakers voiced similar concerns. Assembly Member Jo Anne Simon said the threat of defamation lawsuits deters victims from reporting abuse. State Sen. Andrew Gounardes said the tactic has become a common means of control.
“We’ve seen this playbook again and again, whether it’s against Hollywood celebrities or everyday New Yorkers,” Gounardes said. “The goal is to intimidate and silence survivors.”
Erica Vladimer, co-founder of the Sexual Harassment Working Group, urged lawmakers to act quickly, arguing that current laws allow abusers to continue harming victims through the legal system.
“Lawmakers cannot claim that everyone deserves to speak their truth while simultaneously leaving New Yorkers vulnerable to unjust defamation lawsuits,” Vladimer said.
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