Gendered SLAPPs: Addressing criminal prosecutions against exposers of sexual and gender-based violence under international human rights law

Abstract

This article explores the abuse of private criminal prosecutions to target those who report gender-based violence, illuminating how these “gendered” Strategic Lawsuits Against Public Participation (SLAPPs) violate victims' freedom of expression and access to justice around the world. Many cases took place in response to women breaking their silence about their own victimization as part of the #MeToo movement. But the demonization and criminalization of women's speech around harassment and abuse did not start there, nor has it ended. This phenomenon has not yet been adequately analyzed through case law, studied in the scholarly literature or recognized as an area for policy reform. Using international law and case studies, we aim to highlight the global reach of this phenomenon as well as the implications on victims' fundamental human rights. Finally, this article advocates for further research and proposes starting points for human rights and feminist-informed anti-SLAPPs legislation.