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by eyelidlessness 1850 days ago
There are several people who have severely traumatized me by actions they took to harm my body, violate my sexual consent, and/or manipulate my life so that I was under their power in ways I didn’t agree to.

I couldn’t imagine convincing a jury of any of these. If you make saying they happened a criminal exposure for me, I can’t warn others of the danger those people put me in, or even process my pain and grief, without fear of losing a court battle I have no chance of winning.

I’m sensitive to the damage false claims can do, but I think it’s unreasonable to say that people should be liable in a court of law to prove things that are private and unprovable. And it has a chilling effect, where people who’ve experienced similar trauma will be discouraged from sharing their experience because the risk is too high.

It’s already dangerous to accuse anyone with any kind of public presence of anything, people will defend them to the point of harassment, stalking and violence, out of pure loyalty.

Adding legal repercussions for stating that a thing happened where no one could produce conclusive evidence to confirm or deny it just means more people suffer privately without even the recourse of telling anyone what happened.

1 comments

NAL, but I don't think talking to your friends and acquaintances privately rises to the level of libel or slander, or at least it would be very difficult to prove if it did.

What is the alternative that you would like to see? Should we be able to destroy any person we want simply by making an accusation without evidence? Should we throw out presumption of innocence and fair trials and just chuck people in jail the moment someone accuses someone of a crime?

If someone is making a public accusation with the intent of destroying someone's livelihood and reputation, I don't think it is too much to ask that we have some way of verifying that the accusation is true.

> NAL, but I don't think talking to your friends and acquaintances privately rises to the level of libel or slander, or at least it would be very difficult to prove if it did.

The suggestion was to “strengthen libel laws”, presumably to reverse this.

> What is the alternative that you would like to see? Should we be able to destroy any person we want simply by making an accusation without evidence? Should we throw out presumption of innocence and fair trials and just chuck people in jail the moment someone accuses someone of a crime?

I’m actually more or less comfortable with the existing US laws. Accusing someone publicly of harming them in an unprovable way is relatively protected speech. I’m opposed to changing that to penalize people who were hurt by someone, want to disclose the fact that it happened, and couldn’t possibly survive a trial they never initiated.

> If someone is making a public accusation with the intent of destroying someone's livelihood and reputation, I don't think it is too much to ask that we have some way of verifying that the accusation is true.

That exists.

Ok, I did not interpret strengthen libel laws to mean extending them to private conversations. Instead, I was thinking of something to deter Internet pile-ons like the article discussed.
Where is that line? I keep most of my Internet life relatively private. But this means I’m already hesitant to use the platforms I do have to describe things people did to harm me. I’m the one who’d be piled on if it got an audience. Adding the potential for expensive lawsuits just means I’ll be more hesitant to warn anyone that someone did something harmful, to me or to anyone else I believe. Why do I have to keep these conversations private?
We have laws because there are dishonest people. You might as well ask why do we have laws against stealing? I'm an honest person and if I go take something from someone's house without asking, I'll just bring it right back with no harm done. Some people aren't honest, though.
I... don’t understand what you’re trying to convince me of here? Are you trying to morally equate me hypothetically naming people who’ve abused me to stealing from them, if I couldn’t defend a non-legal claim of what happened in court? I sincerely do not understand what you’re saying should change.