Krista Pratt Quoted in Massachusetts Lawyers Weekly
"SLAPP Statute Bars Suit Over Criminal Accusation"

Krista Pratt was quoted in the July 13, 2009 issue of Massachusetts Lawyers Weekly in the article, "SLAPP Statue Bars Suit Over Criminal Accusation." The article discussed the Benoit v. Frederickson, et al case where the Supreme Judicial Court (SJC) of Massachusetts ruled that a man against whom rape charges were dismissed could not sue the alleged victim for malicious prosecution as that claim was barred by the anti-SLAPP statue. Krista represented the alleged rape victim and her parents in the case. According to Krista, the ruling clarifies the burden-shifting standard under the anti-SLAPP law.

In the article, Krista explained, "In our case, the lower court applied what I would consider a ‘heightened showing' standard on the moving party to show that her underlying petitioning activities were legitimate in the first instance. But the SJC clarified that to the extent the suit was based directly and exclusively on those activities, the burden would shift to [the alleged perpetrator] to show that the activities were devoid of any basis in fact or law." She further noted that the decision is also important from a victims' rights standpoint. She commented that all too often, rape and sexual-assault victims - particularly minors - are afraid to report crimes. Krista noted, "We wouldn't have wanted to set up yet another hurdle to overcome in persuading victims to go to the police. If the threat of a civil lawsuit is hanging over someone's head, she may not go to the police the next time around."