In the wake of the fallout of former U.S. Rep. Eric Swalwell’s alleged sexual misconduct and assault accusations both in New York and California, New York advocates are urging state lawmakers to act swiftly to pass legislation to discourage alleged abusers from using legal action to silence their victims.
In a social media post on X on April 10, 2026, Swalwell denied the accusations. In a statement to CNN, Swalwell said, “I will defend myself with the facts and where necessary bring legal action.”
“Defamation lawsuits or even the threat of them increases those obstacles,” said Emily Miles, executive director of New York City Alliance Against Sexual Assault. “The financial burden alone can be overwhelming. Often reaching six or seven figures.”
Advocates said the Swalwell situation felt like déjà vu when former New York Gov. Andrew Cuomo threatened to sue women who accused him of sexual harassment.
“Their experiences underscore the urgent need for Albany to pass legislation to protect survivors from these legal threats,” said Erica Vladimer, founding director of Harassment-Free New York.
Currently on the books in the New York state Legislature is the Speak Your Truth Act. It’s a proposal intended to discourage frivolous lawsuits against those who speak out.
“The strategy of bury the accusation by burying the accuser is a strategy that is as old as sexual assault itself, but the use of civil defamation lawsuits specifically as a retaliatory tactic is on the rise,” said Jane Manning, director of Women’s Equal Justice, an organization that serves survivors of sexual assault.
Manning, a former state sex crimes prosecutor, said the bill would do two things, including requiring an alleged abuser to prove an accuser knowingly made a false accusation.
“The second thing it would do is it would provide that in cases where a defamation lawsuit is brought and it is shown to have been meritless, malicious, retaliatory the person who was the accuser who was sued in that case can be compensated for their attorney fees by the person who brought the meritless lawsuit,” said Manning.
Advocates are hopeful the proposal will make it to the governor’s desk this session.
On the national level, in a rare statement the House Ethics Committee is asking anyone with a sexual misconduct complaint against a lawmaker to report it.
According to the committee, it’s initiated 20 investigations of lawmakers since 2017. It’s unclear who was included in those investigations.