"We ... recognize ... that allowing this case to move forward could embolden abusers ... and could discourage victims and their families from seeking help. But, at the same time, we must acknowledge the potential for false accusations and the right that someone who is falsely accused has to recover for the harm thereby caused."

From L.S.S. v. S.A.P., decided by the Colorado Court of Appeals yesterday, in an opinion by Judge Christina Gomez, joined by Judges Terry Fox and Rebecca Freyre:

In this case, L.S.S. (father) asserted defamation and related claims against S.A.P. (mother) after she reported that he might be sexually abusing their five-year-old child. Mother appeals the trial court's denial of her special motion to dismiss those claims under the anti-SLAPP statute. Applying the framework we outline for considering such motions, we affirm the order and remand the case to the trial court for further proceedings….

The [Colorado anti-SLAPP] statute allows a person (usually a defendant) to file a special motion to dismiss "[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States constitution or the state constitution in connection with a public issue." The trial court then "consider[s] the pleadings and supporting and opposing affidavits" to determine whether "the plaintiff has established that there is a reasonable likelihood that the plaintiff will prevail on the...

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