Truth: Not a Defense to Stalking and Harassment

In this day and age of social media and instant connections, oftentimes relationships turn sour.  When that happens, the person who views themselves as the injured party may spread their version of the injury to as many people as will listen.

When confronted, alleged victims typically claim that “truth” is a defense to defamation, libel, and slander. While truth is a defense in a defamation matter, what it is not is an unlimited license to stalk and/or harass a former paramour and/or the ex’s new relationships.

For example: an alleged victim claimed they were a victim of domestic violence. Their former paramour, the perpetrator, was never charged or convicted, as there was no evidence. For years after the event, the alleged victim stalked their ex’s social media to see if they had moved on from their relationship. When the alleged victim discovered that they had, the alleged victim immediately began contacting the ex’s new relationship, their family, friends, and acquaintances with their version of past violent events, believing that they had a defense of “truth.”

This was not the case. Regardless of what the truth may have been for the alleged victim, they were now guilty of their own crimes: stalking and harassment. These types of actions have both civil and criminal repercussions. Depending on how the acts are carried out, these crimes can come with both federal and state remedies.

In the context of stalking and harassment, the focus is primarily on the conduct and intent of the individual engaging in such behavior, rather than the truth or falsity of the statements made. While truth is typically a defense in defamation cases, it may not necessarily serve as a defense against stalking and harassment claims for several reasons:

1. Intent and Reasonable Apprehension: Stalking and harassment laws usually consider the intent and effect of the behavior on the victim. Even if the statements made are true, they can still be considered harassing or stalking if they cause a reasonable person to fear for their safety or well-being.
2. Course of Conduct: Stalking and harassment are often characterized by a pattern of behavior that goes beyond a single incident. The truth or accuracy of individual statements may be less relevant compared to the overall course of conduct, including repeated actions, unwanted contact, or surveillance.
3. Privacy and Consent: Even if the information shared is true, the manner in which it is obtained and disseminated can still constitute harassment or stalking. Invasion of privacy, spreading private information without consent, or engaging in unwanted contact can be actionable offenses regardless of the truth of the information itself.
4. Malicious Intent: If the behavior is driven by a malicious intent to cause harm, distress, or fear, the truth of the statements may be less significant. The focus shifts to the harm caused by the stalking or harassment, rather than the veracity of the information.

Call 911 if you are unsafe. It’s important to note that laws can vary between jurisdictions, and the specific elements and defenses available may differ. If you are being harassed and/or stalked, call 911, reach out to your local law enforcement agency first, and get to a safe place. For less imminently dangerous behavior, The Woodlands Law Firm can assist you with formulating a cease-and-desist notice and/or in seeking injunctive relief.