HB 580-FN - AS INTRODUCED
2025 SESSION
25-0214
11/09
HOUSE BILL 580-FN
AN ACT relative to retaliatory defamation in domestic violence and sexual violence cases.
SPONSORS: Rep. Burroughs, Carr. 2; Rep. Damon, Sull. 8; Rep. Gregg, Hills. 7; Rep. Thackston, Ches. 12; Rep. Berch, Ches. 6; Rep. Spier, Hills. 6; Sen. Altschiller, Dist 24; Sen. Perkins Kwoka, Dist 21
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits retaliatory defamation against a victim reporting sexual misconduct, sexual abuse, sexual assault, sexual harassment, or domestic abuse.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0214
11/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to retaliatory defamation in domestic violence and sexual violence cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
25-0214
1/2/25
HB 580-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to retaliatory defamation in domestic violence and sexual violence cases.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2026 through 2028.
AGENCIES CONTACTED:
Judicial Branch