Losing three years of your life to litigation abuse isn’t funny

This is a newsletter sent out by the UK Anti-SLAPP Coalition, which Index co-founded, from the SLAPP target, survivor and coalition member Nina Cresswell. This was due to be read at the Houses of Parliament at the launch event for a new report. Nina explains why she was unable to attend in person

I’m not supposed to be writing this. Last night I was supposed to be in Parliament with Index on Censorship, helping present its new report – From Survivor to Defendant: How the law is being weaponised to silence victims of sexual violenceand sharing my own story of being sued by the man who sexually assaulted me. 

The trains were booked. The hotel was sorted. Plans penned in. 

But I couldn’t do it. 

Last week, my family noticed I wasn’t myself. I was jittery, easily overwhelmed, and having unexplained flare-ups. It wasn’t until they pointed it out that I realised: the closer we approached the Parliament date, the worse my mood and health became. I knew I had to start planning my talk – and to do that, I was slowly and reluctantly prising open the file in my brain marked “The Time You Nearly Died.” 

In 2023, after publicly sharing my story at a SLAPPs event, I developed shingles from the stress. I spent weeks alone, feeling as though scalding electricity was running down one side of my face. It left physical scars for life. 

So I took almost two years away from public campaigning to heal – to stop reopening my wounds for others to see. But the painful truth is that people need to see the ugly reality to understand why stronger protections are so urgent. They need to see what happens when people with power and money use the law to intimidate survivors into silence.

Now I’m talking about it again. I can reach into that file, but I can’t stay there for long. Each time I tell my story, I catch myself sanding down the rough edges – making it easier to hear, and maybe, for me, easier to bear. More often than not, I’ll throw in a Carry On Courtroom anecdote. I’ll try to make it funny.

Only, it really wasn’t funny. None of it was funny. 

Losing almost three years of your life to litigation abuse isn’t funny. Being publicly called a liar for telling the truth isn’t funny. Watching your business collapse so you can act as your own lawyer isn’t funny. Moving house because your abuser found out where you live isn’t funny. Desperately filming pleas for legal funding, mid-trauma, isn’t funny. Having your personal journals read out in a public courtroom isn’t funny. Four hours of cross-examination isn’t funny. Panic attacks in court aren’t funny. Seeing your mother have a panic attack in court isn’t funny. And that night in 2010 – being violently assaulted by the man who would later sue me for naming what he did – that definitely wasn’t funny.

The most shocking part of all this? I’m considered a ‘winner’. I successfully defended the truth and public interest nature of speaking out to protect others. I set a legal precedent for survivors of sexual abuse. But sometimes it doesn’t feel like a victory as most survivors who are sued can’t make it that far. Public judgments are rare because most SLAPP cases settle before trial. For many, silence is the only way to survive.

Across the UK and Ireland, laws against sexual violence remain inconsistent, insufficient, and poorly enforced. When justice fails and harm is buried, it can burn you from the inside – allowing cycles of abuse, shame, and stigma to continue. If we can’t speak about it without facing legal bullying, the violence will never end.

This is what the law is allowing to happen to those failed by the system who dare to speak out. 

My story could have happened to anyone. It could happen to you. 

If the Government continues to lean on limited anti-SLAPP protections in the Economic Crime and Corporate Transparency Act, it won’t protect people in the position I was in. Without a universal anti-SLAPP law, what happened to me will happen again. And next time, the target might not make it out alive. 

That’s why I keep going. It’s why I’m so grateful to our coalition members – especially Lucy and Verity Nevitt – for this urgently needed report, and for their tireless work to end the use of civil lawsuits by abusers to silence survivors.

The legal system is being weaponised to silence survivors of sexual and gender-based violence

 

A new report, From Survivor to Defendant: How the law is being weaponised to silence victims of sexual violence by Index on Censorship reveals how survivors of sexual and gender-based violence (SGBV) in the UK and Ireland are being silenced through abusive legal actions known as strategic lawsuits against public participation (SLAPPs).

Since 2017, the #MeToo movement has encouraged millions of women to share their experiences of sexual and gender-based violence (SGBV). But speaking out has not come without risks. Some survivors (and the journalists covering their stories) have faced legal threats from the very people accused of perpetrating SGBV. As a result, courts are increasingly being weaponised to continue abuse, with few protections in place. 

An anonymous survivor of SGBV said: “So much was taken from me when I was sexually abused, but I still had my voice. It felt like in suing me he was taking that final piece. Being sued for defamation felt like the ultimate form of gaslighting. The impact of these proceedings will follow me for the rest of my life.”

Until now, the majority of policy discussions surrounding the issue of SLAPP have largely been related to journalism, with less focus on cases arising from other public interest issues. From Survivor to Defendant represents an effort to address that awareness gap. It focuses on the four legal systems in the UK and Ireland: Scotland, Northern Ireland, England and Wales, and the Republic of Ireland. The report includes a wide range of recommendations to policy-makers across all four jurisdictions, regulators, law firms and other relevant stakeholders, including a call to establish universal anti-SLAPP protections in legislation to ensure all survivors are protected. 

Baroness Helena Kennedy KC said: “I commend this report for shining a light on an issue that has for too long operated in the shadows. It exposes the profound and far-reaching impact that SLAPPs have, not only on survivors themselves, but on society as a whole. The cost of failing to take action against SLAPPs falls not only on those directly targeted, but also on survivors silenced by fear, on the public denied access to vital information, and on our justice systems undermined and discredited when manipulated in this way.”

Jemimah Steinfeld, CEO of Index on Censorship said: “We are really grateful to the women who have spoken to us for this report. Their bravery in confronting what happened to them and fighting for their rights to speak out is truly commendable. We hope that through their words, and our work here, we can finally put an end to the terrible practice of SLAPPs. As the report shows this isn’t a niche issue, but instead one that impacts justice across the spectrum.”

Professor Olga Jurasz, Director of the Centre for Protecting Women Online, The Open University said: “This report is pivotal in revealing how SLAPPs are used to silence survivors of sexual and gender-based violence, compounding their trauma and deterring them from speaking freely about their experiences. It serves as a critical reminder that the law, while a tool for protection and justice, can also be distorted into an instrument of suppression (and oppression) against the very individuals it seeks to safeguard.”sexusexual and gender-based violence

Index on Censorship is a non-profit organisation that campaigns for and defends free expression worldwide, including by publishing work by censored writers and artists and monitoring threats to free speech. We lead global advocacy campaigns to protect artistic, academic, media and digital freedom to strengthen the participatory foundations of modern democratic societies. www.indexoncensorship.org 

ENDS

Media contact:

  • For more information or press enquiries, please contact: [email protected]
  • Index on Censorship is grateful for the funding from Joseph Rowntree Charitable Trust and the Open University Centre for Protecting Women Online to support the production of this report. 
  • Index on Censorship is the co-founder and co-chair of the UK Anti-SLAPP Coalition. Learn more here: https://antislapp.uk/ 

You can download the report here or read it below:

 

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