From victims to perpetrators: the crime of defamation and public allegations of gender-based violence

Abstract

Public allegations of sexual or gender-based violence made through social media serve as a “release valve” for victim-survivors who distrust the State’s ability to meet their justice needs. This alternative complaint mechanism highlights the systemic nature of these forms of violence that have been tolerated, denied or silenced by our society. For victim-survivors, public allegations can provide spaces for validation, support and understanding. However, in certain cases, the response to these allegations may exacerbate the primary victimization caused by the violence experienced. This occurs when accused aggressors file defamation lawsuits against the victims, effectively turning them into offenders in the eyes of the justice system. This is the diagnosis upon which this article is based. From this point of view, the author provides guidelines in identifying judicial remedies applicable to these scenarios, where the fundamental rights to freedom of expression and honor come into conflict. In the absence of a national articulated response, this article systematizes the most recent constitutional, international and comparative law standards relevant to resolving such cases.