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: 2026-07-01
Official status: Passed 7/1/26
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Speak Your Truth Act: Protecting People Who Report Sexual Assault

This law stops people from being sued for sharing information about sexual assault or harassment unless they knew the story was false or did not care if it was true.

What This Bill Does

It creates a rule that says no one can be held legally responsible for sharing information about sexual assault, harassment, or discrimination if they did not act with malice.
It defines 'malice' as knowing the information is false or ignoring whether it is true before speaking.
It protects people who have a reasonable reason to file a complaint and witnesses who share what they saw regarding these incidents.
It allows someone who wins a lawsuit against them for defamation in these cases to receive money for legal fees, actual damages, and punitive damages.

Who It Names or Affects

People who report or talk about sexual assault, harassment, or discrimination incidents
Witnesses who share information they saw regarding these incidents
Individuals who file lawsuits claiming defamation against people who shared this information

Terms To Know

Malice: Knowing that a statement is false or not caring if it is true before saying it.
Defamation: A legal claim for harm caused by spreading false information about someone, such as libel (written) or slander (spoken).
Punitive damages: Money paid to punish the person who broke the law and stop them from doing it again.

Limits and Unknowns

The text does not state when this law will officially take effect.
The bill has passed both chambers of the legislature but still needs action by the Governor to become final law.

Amendments

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

HA 1

1 • Morrison

Passed 6/18/26

Plain English: This amendment changes a rule so that courts can choose whether to award legal fees instead of automatically giving specific damages.

Removes the requirement that people must receive certain types of money for their losses.
Replaces automatic damage awards with language allowing courts to decide on attorney fees and costs.
Deletes a list of specific financial penalties from the bill.

The text does not explain exactly how much discretion judges will have or what rules they must follow when deciding on fees.
It is unclear which specific types of cases this change applies to without reading the full original bill.

Bill History

2026-07-01 Delaware General Assembly
Passed By Senate. Votes: 20 YES 1 ABSENT
2026-06-24 Delaware General Assembly
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
2026-06-18 Delaware General Assembly
Amendment HA 1 to HB 355 - Passed In House by Voice Vote
2026-06-18 Delaware General Assembly
Passed By House. Votes: 30 YES 9 NO 2 ABSENT
2026-06-18 Delaware General Assembly
Assigned to Judiciary Committee in Senate
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.