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1 New Section; Retaliatory Defamation; Sexual and Domestic Violence. Amend RSA 507:15 by inserting after section 507:15-b the following new section:
507:15-c Retaliatory Defamation.
I. A person accused by a victim of sexual misconduct, sexual abuse, sexual assault, sexual harassment, or the commission or attempted commission of one or more acts described in RSA 173-B:1, I(a)-(f), shall not file a defamation action against a victim reporting sexual misconduct, sexual abuse, sexual assault, sexual harassment, or abuse under RSA 173-B, including in cases where the alleged perpetrator is publicly named, except as permitted in paragraph II.
II. Defamation claims, where the alleged perpetrator is publicly named by a victim reporting sexual misconduct, sexual abuse, sexual assault, sexual harassment, or abuse under RSA 173-B, shall be reserved for cases where the plaintiff's complaint establishes, by pleading particular facts and not a general claim, one or both of the following:
(a) The claimed act in the reported accusation was a factual impossibility for the accused to have perpetrated.
(b) The victim has publicly stated that the present reported incident did not occur.
III. For purposes of this section:
(a) "Report" or "reporting" means disclosures to authorities, human resources, speaking to the press, publishing on social media, or telling another person.
(b) "Victim" means alleged victim or victim determined by legal process.
IV. A victim who prevails in a retaliatory defamation case at any point in the proceedings shall be awarded court costs and reasonable attorneys fees, and shall be eligible to receive punitive damages in addition to treble compensatory damages.
2 Effective Date. This act shall take effect January 1, 2026.
Text to be added highlighted in green.
1 New Section; Retaliatory Defamation; Sexual and Domestic Violence. Amend RSA 507:15 by inserting after section 507:15-b the following new section:
507:15-c Retaliatory Defamation.
I. A person accused by a victim of sexual misconduct, sexual abuse, sexual assault, sexual harassment, or the commission or attempted commission of one or more acts described in RSA 173-B:1, I(a)-(f), shall not file a defamation action against a victim reporting sexual misconduct, sexual abuse, sexual assault, sexual harassment, or abuse under RSA 173-B, including in cases where the alleged perpetrator is publicly named, except as permitted in paragraph II.
II. Defamation claims, where the alleged perpetrator is publicly named by a victim reporting sexual misconduct, sexual abuse, sexual assault, sexual harassment, or abuse under RSA 173-B, shall be reserved for cases where the plaintiff's complaint establishes, by pleading particular facts and not a general claim, one or both of the following:
(a) The claimed act in the reported accusation was a factual impossibility for the accused to have perpetrated.
(b) The victim has publicly stated that the present reported incident did not occur.
III. For purposes of this section:
(a) "Report" or "reporting" means disclosures to authorities, human resources, speaking to the press, publishing on social media, or telling another person.
(b) "Victim" means alleged victim or victim determined by legal process.
IV. A victim who prevails in a retaliatory defamation case at any point in the proceedings shall be awarded court costs and reasonable attorneys fees, and shall be eligible to receive punitive damages in addition to treble compensatory damages.
2 Effective Date. This act shall take effect January 1, 2026.