Swalwell's Retaliatory Legal Threats Spark Calls for Albany to Protect Survivors in NY

NEW YORK, NY (04/16/2026) (readMedia)-- As more women come forward to share their stories of sexual misconduct or assault by Eric Swalwell, their abuser has already threatened legal action against them. This morning, survivors, legal experts, and advocates held a virtual press conference to highlight the growing use and impacts of retaliatory defamation lawsuits and threats of litigation to silence those who speak out about their abuse.

Speakers warned that gaps in New York law make it far too easy for abusers to weaponize these tactics, and called on state lawmakers to take urgent action to better protect survivors.

You can view a recording of the press conference HERE.

Speakers at today's press conference included:

Charlotte Bennett, survivor advocate whom former Governor Cuomo threatened to sue for defamation after she sued him for sexual harassment;

Erica Vladimer, Founding Director of Harassment-Free New York, who was forcibly kissed by former State Senator Jeff Klein;

Ashley Grace, a California-based survivor advocate who is currently awaiting the court's decision as to whether her abuser will be allowed to bring a defamation suit against her over public statements she made about her case;

Victoria Burke, survivor, attorney, and architect of the 'Speak Your Truth' model legislation passed in CA, OR, CT, and ME, and introduced in states across the country;

and Emily Miles, executive director of the NYC Alliance Against Sexual Assault.

In addition to speakers sharing their stories and urging action in Albany, legal expert Victoria Burke outlined the ways California Speak Your Truth legislation could impact Eric Swalwell's ability to retaliate against the women speaking out against him.

"If Representative Eric Swalwell chooses to pursue legal action against those who speak about abuse, he will encounter a very different legal landscape in California, one that holds accountable those who attempt to intimidate and silence survivors, including through attorney's fees and enhanced damages. California was the first state to enact the Speak Your Truth Act (Civil Code § 47.1), a law specifically crafted to address the chilling effect courts have already recognized by protecting survivors who make non-malicious disclosures from retaliatory defamation lawsuits. Efforts to bully or intimidate survivors into silence are an abuse of the legal system. In California, it comes with consequences, as it should in New York," said Victoria Burke, Attorney, Survivor, and Architect of the Nationwide Speak Your Truth Act Movement.

"Last fall, the man I filed a lawsuit against under New York's Adult Survivors Act asked the court to allow a defamation counterclaim over an Instagram post I shared repeating details already on the public record. These are exactly the kinds of claims anti-SLAPP laws are meant to address, yet I am still waiting on a court decision. It's clear that New York's law isn't enough to protect survivors from legal retaliation meant to harass and silence us. Even now, it feels surreal to worry about being sued again for defamation simply for speaking about being sued for defamation. Threatening defamation against a survivor is not just a legal strategy, it's a second attack," said Ashley Grace, a survivor and advocate who is currently awaiting the court's decision as to whether her abuser will be allowed to bring a defamation suit against her in New York. "Survivors in New York must be protected from the growing weaponization of the legal system, and I will keep speaking and pushing for a system that truly protects us when we come forward."

"A retaliatory defamation suit is not a matter of credibility. It's about the tools available to the Cuomos and Swalwells of the world, and to anyone vindictive enough and resourced enough to weaponize a meritless lawsuit against someone they've already harmed. As a result, silence is often the rational choice for many survivors. Even in the absence of an active defamation case against me, and despite the three investigations confirming the credibility of my allegations, an anvil hangs over my head. New York must close the loophole that makes it too easy for abusers to weaponize the legal system. Because as long as the threat exists, it is enough to keep survivors muzzled," said Charlotte Bennett, survivor advocate who faced threats of a defamation lawsuit by former Governor Andrew Cuomo after she sued him for sexual harassment.

"As we fight for workplaces free from harassment and discrimination, we cannot ignore the legal loopholes that let abusers keep hurting survivors long after they come forward. You don't have to look to California to find powerful men weaponizing the courts - it's happening right here in New York, right now," said Erica Vladimer, Founding Director of Harassment-Free New York. "Survivors already risk their careers and their safety to speak the truth. New York's laws must meet that courage with real protections, and lawmakers must act before more women pay the price for powerful men's impunity."

Survivors already face serious barriers to reporting abuse, as the speakers highlighted. Defamation lawsuits, or even the threat of them, only make those challenges worse. The financial toll alone can be staggering, often reaching six or seven figures. Even meritless cases can cost anywhere from $21,000 to $55,000, according to the National Women's Law Center. These cases can drag on for years, taking a heavy toll on survivors' mental health, disrupting their lives, and exposing them to intense public scrutiny.

These tactics also have a clear chilling effect. After Johnny Depp won his defamation lawsuit against Amber Heard for speaking out against his abuse, survivor advocates reported a surge of abuse survivors pulling back from legal proceedings altogether, saying they feared retaliation and public punishment similar to what they saw unfold during that trial. And this silencing tactic impacts more than celebrities in high-profile cases. Many of those targeted are everyday people with less power and resources than their abusers to defend themselves, as we're seeing with the women coming forward against Eric Swalwell.

"New York makes it far too easy for abusers to retaliate against their accusers for simply seeking the justice they deserve. Survivors like those we advocate for at the New York City Alliance Against Sexual Assault are everyday people who already face countless barriers to coming forward. The real threat of having to defend themselves in court can silence them completely. Albany must protect every survivor whose story might otherwise never be told-and to ensure that abusers are held accountable," said Emily Miles, Executive Director of the New York City Alliance Against Sexual Assault.