AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION.
What changed between versions
The bill was transformed from a narrow amendment to an entirely new statute (Section 8146, Title 10) that provides immunity from civil liability for communications about sexual assault, harassment, or discrimination made without malice.
Expanded sponsors from a single representative (Rep. Morrison) to include Rep. Phillips, Sen. Poore, and six additional co-sponsors from both chambers, indicating broader bipartisan support for the final version.
Added definition of 'communication' as information related to an incident of sexual assault, harassment, or discrimination, including sexual offenses under Title 11, sexual harassment under Title 19, and discriminatory housing practices involving such conduct under Title 6.
Added a malice standard: no civil liability exists for communications made without malice, where malice means knowledge of falsity or reckless disregard for the truth. This effectively imposes a higher burden of proof on anyone suing a complainant for defamation, even if the complainant is a private figure.
Added that the protection applies to any person with a reasonable basis to file a complaint (whether they actually file or not) and also extends to witnesses of sexual assault, harassment, or discrimination regardless of whether they have a basis to file a complaint.
Changed the damages provision from 'may be entitled to attorneys' fees and costs' (the HA 1 version) to a full list for prevailing defendants: attorneys' fees and costs, actual damages, punitive damages, and other relief permitted by law.
Added the short title 'Speak Your Truth Act' in Section 2.
