HB355 • 2025

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Morrison
Last action: 2026-05-13
Official status: Out of Committee 5/13/26
Effective date: Not listed

Plain English Breakdown

The bill summary and digest do not provide specific details on enforcement mechanisms or timelines for implementation.

Speak Your Truth Act

This act protects people who report sexual assault, harassment, or discrimination from being sued for what they say if the information is shared without malice.

What This Bill Does

Protects victims of sexual assault, harassment, and discrimination from defamation lawsuits when they share information about their experiences without knowing it's false (without malice).
Applies to anyone with a reasonable basis to report such incidents, whether or not they file an official complaint.
Allows people who witness these events to also be protected when speaking up.
Gives defendants in defamation lawsuits related to these communications the right to receive legal fees, actual damages, and punitive damages.

Who It Names or Affects

Victims of sexual assault, harassment, or discrimination
People who witness such incidents
Anyone involved in a lawsuit about these issues

Terms To Know

Malice: Knowing that the information shared is false or showing reckless disregard for whether it's true.
Prevailing defendant: A person who wins a lawsuit and can claim damages from the other side.

Limits and Unknowns

The bill does not specify when it will become law or how it will be enforced.
It only applies to communications about sexual assault, harassment, or discrimination.
Victims must have a reasonable basis for their claims to receive protection under this act.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Morrison

PWB 4/16/26

Plain English: This amendment changes a part of House Bill No. 355 by removing certain damages and replacing them with the option for victims to receive attorneys' fees and costs.

Removes language that said victims 'shall be entitled to the following damages'.
Adds new language stating victims 'may be entitled to attorneys’ fees and costs'.

The amendment does not specify what types of damages were removed, only that they are no longer guaranteed.
It is unclear how this change will affect the overall compensation for victims.

Bill History

2026-05-13 Delaware General Assembly
Reported Out of Committee (Judiciary) in House with 1 Favorable, 5 On Its Merits
2026-04-16 Delaware General Assembly
Amendment HA 1 to HB 355 - Introduced and Placed With Bill
2026-04-09 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION.
The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment.
Specifically, this Act protects assault victims from defamation lawsuits by placing a higher burden of proof on the complainant, even if the complainant is a private figure. It also entitles a prevailing defendant in a defamation lawsuit to attorneys’ fees and costs, actual damages, and punitive damages.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Morrison & Rep. Phillips & Sen. Poore

Reps. Bolden, Romer, Burns, Berry, Gorman, Griffith; Sens. Hansen, Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 355

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 81, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8146. Limitation on civil actions; sexual assault, harassment, and discrimination.

(a) For purposes of this section, “communication” means information related to an incident of sexual assault, harassment, or discrimination experienced by the individual making the communication. An incident of sexual assault, harassment, or discrimination includes any of the following:

(1) A sexual offense as defined in § 761 of Title 11.

(2) An act that would constitute sexual harassment under § 711A of Title 19.

(3) A discriminatory housing practice as defined by § 4602 of Title 6 that involves sexual assault, harassment, or discrimination.

(b) No cause of action exists, and no civil liability may be imposed, on a person for a communication made without malice regarding a complaint of sexual assault, harassment, or discrimination. For purposes of this subsection, “malice” means that the communication is made with knowledge that it is false or with reckless disregard for the truth.

(c) This section applies to any communication by a person who has a reasonable basis to file a complaint of sexual assault, harassment, or discrimination, whether the person files a complaint or not.

(d) This section applies to any communication by a person who is a witness to sexual assault, harassment, or discrimination, whether the person has a reasonable basis to file a complaint of sexual assault, harassment, or discrimination, or whether the person files a complaint or not.

(e) A prevailing defendant in a civil lawsuit for libel, slander, or any other relevant tort arising out of a communication under this section shall be entitled to the following damages:

(1) Attorneys’ fees and costs.

(2) Actual damages.

(3) Punitive damages.

(4) Other relief permitted by law.

Section 2. This Act is known as “Speak Your Truth Act”.

SYNOPSIS

The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment.

Specifically, this Act protects assault victims from defamation lawsuits by placing a higher burden of proof on the complainant, even if the complainant is a private figure. It also entitles a prevailing defendant in a defamation lawsuit to attorneys’ fees and costs, actual damages, and punitive damages.