Sexual Defamation = Defamation Per Se
West’s accusations likely fall under defamation per se as defined by California Civil Code § 45a, which states that defamatory statements “which expose any person to hatred, contempt, ridicule, or obloquy” are presumed harmful and do not require proof of economic damage.
Allegations of sexual misconduct or obscene behavior—especially when categorically denied—fit that mold.
What If Swift Files Outside California?
If Swift filed in another jurisdiction—like Tennessee, New York, or Florida—the analysis would change. Many states have similar anti-SLAPP laws, but some are narrower.
Still, California has one of the most robust and litigated anti-SLAPP frameworks, and West’s primary residence and publishing behavior suggest Swift could file there.
Restraining Orders: A Real Possibility?
If West resumes his behavior, Swift may not just seek civil damages. California courts allow for civil harassment restraining orders under Code of Civ. Proc. §527.6, where harassment includes a “course of conduct” that serves no legitimate purpose and seriously alarms the victim.
Given West’s previous history with Swift—dating back to the infamous 2009 MTV incident—legal commentators are watching closely to see whether Swift escalates the issue.
