Speaking about sexual violence

About this guide

This guide was produced by The Gemini Project and Good Law Project for survivors of sexual violence. It was last updated on 25 February 2025. If you have any questions or suggestions, please get in touch.

Disclaimer

This guide does not constitute legal advice and should not be relied on as such. Instead, please seek specialist defamation law advice based on your individual circumstances.

There are many reasons why you may wish to speak about the sexual violence you have survived: to help you to process what happened, to protect others, or to help others who have been through similar trauma, among others.

While it is rare for survivors of sexual abuse to face legal action for speaking out about their experiences, doing so carries a risk of being sued for defamation that should be taken seriously. Defending court proceedings can be expensive and mentally exhausting. 

This guide explains how you can minimise the legal risks of speaking out and what to do if you receive a legal letter from your abuser or their lawyer.

• Defamation is when a person makes an allegation that causes or is likely to cause serious harm to another person’s reputation. Allegations of sexual assault or rape will almost always be considered as causing serious harm to a person’s reputation.
• It is possible to be sued for both saying and writing defamatory allegations. This includes what you say in text messages, social media posts (Facebook, X, TikTok, Instagram, etc), voice notes, emails, and during conversations.
• The law allows people to make defamatory allegations if they are true. But to defend a defamatory allegation as true, the person making the allegation must be able to prove it. This is often very difficult to do. Judges are cautious to make findings that people have committed serious wrongdoing, and it can be a big and expensive task to collect all the evidence needed to prove an allegation. 
• Nina Cresswell, a survivor of sexual violence, was sued for defamation by her abuser for naming him online. After a three-year legal battle, Nina proved that what she said was true. Nina won the case, but it put her under huge mental and financial strain.
• There are other defences to defamation claims, including that a defamatory allegation is your honest opinion or is in the public interest. These defences are complex. As a result, you should seek advice from a specialist defamation lawyer before making potentially defamatory allegations to reduce the legal risk.
• Defamation law is often abused. Some who wish to silence survivors, journalists and others who speak out on issues of political or societal significance will claim that they have been defamed and pursue legal claims using aggressive and intimidating tactics. Such claims are referred to as strategic lawsuits against public participation (SLAPPs), lawfare, and abusive litigation. Specialist defamation lawyers can advise on whether a claim is a SLAPP and how to respond to it.

Speaking to the police

You cannot be sued for anything you tell the police in the context of reporting a crime. In addition, any person who reports a sexual offence to the police has a lifelong right to anonymity. That right is automatic so long as you do not waive that anonymity by speaking publicly about what happened to you (e.g. on social media or in the media).

Speaking to your therapist or specialist support

You can feel confident speaking to therapists, Independent Sexual Violence Advisers, and other specialist advisers who you trust to keep your conversations confidential. This is because confidential conversations with specialist advisers are very unlikely to harm an abuser’s reputation.

Speaking to friends and family

For many survivors, getting support from family and friends following sexual violence is critical. If you choose to disclose the abuse you have survived to your support network, ensure you are speaking to people you trust and ask them not to repeat what you have told them to others. You may wish to have a conversation about the importance of privacy, and you can also show them this guide. This will mitigate the defamation risk. 

Speaking publicly

If it is important to you to speak about your experience publicly, there are steps you can take to mitigate the risks:

• Consider whether it is necessary to name your abuser. If you can avoid using their name, or other information that might identify them, this will reduce the chance of being sued.
• Say the minimum necessary. If you believe your abuser poses a risk to others, say the minimum necessary to the smallest number of people necessary to tackle the risk. This will make it easier to defend what you have said as having been in the public interest.
• Be precise. Stick to what you know to be true.
• Write down why you are speaking out. If you want to speak out because you believe it is in the public interest and for the good of others to do so, make a note to yourself explaining why you believe what you are doing is in the public interest and why you think that belief is reasonable.
• Wait for criminal proceedings to be concluded. You should not speak about your abuser publicly if they are under police investigation or if they have been charged. Speaking publicly at that time can cause prejudice to those criminal proceedings, which can be a criminal offence. If your abuser is found guilty of a criminal offence, the legal risks of speaking about that offence will be significantly reduced.
• Consider speaking to the media. If you think the actions of your abuser might be of interest to national or regional media, consider contacting trusted journalists. They may consider publishing your story and will get legal advice to reduce the legal risks.
• Do not share intimate photos or videos of your abuser or others. Doing so can be a criminal offence.
• Avoid sharing private information about your abuser or others. Sharing a person’s private information can breach their right to privacy, even if it is true. As a result, it is best to seek legal advice before sharing private information such as private text messages, details about a person’s health, details about specific sexual encounters, or details about a person’s sex life generally.
• Seek legal advice. We are all entitled to say things that are true, that are our honest opinions, and that are in the public interest, but the law is complicated. Defamation lawyers can help you to craft wording which you are best able to defend. It is recommended to speak to a defamation specialist as they will understand the law best. See the key contacts below for additional information.

What should you do if you receive a letter from your abuser or their lawyer threatening legal action?

1. Don’t panic. Legal letters are often written in an aggressive tone to frighten survivors and to persuade them to withdraw their allegations. Receiving a legal letter does not necessarily mean that you are in the wrong or that an abuser has the money or desire to issue a court claim against you.
2. Speak to a defamation solicitor as soon as possible. A specialist defamation solicitor will assess your abuser’s claim, advise you on the risks, and work with you to prepare a response. Legal aid is not available for defamation disputes, but the organisations listed below will be able to refer you to a defamation solicitor for some initial advice at a reasonable price or for free. If you have home insurance, check your policy as some have helplines for legal issues and will cover legal expenses for defamation claims.
3. Don’t ignore it. Respond to the letter with a short email to let the sender know that you have received it and that you are taking legal advice. You or your solicitor should then respond to the points the abuser, or their lawyer, has made normally within 14 days of receiving their letter and sooner if possible.

• Good Law Project – A not-for-profit campaign group which seeks to use the law for good, has expertise in handling defamation claims, and provides legal advice at low cost and pro bono.
• Centre for Women’s Justice – A charity dedicated to eradicating male violence against women and girls.
• Law Works – A charity that connects individuals with solicitors offering free legal advice and assistance to those who cannot afford to pay.
• Advocate – A charity that connects individuals with barristers offering free legal advice and court representation to those who cannot afford to pay.

For more detailed information, we recommend reading the Centre for Women’s Justice ‘Frequently Asked Questions on defamation and civil claims against perpetrators for survivors of sexual violence’.