The Evolution and Confusion of the Sexual Misconduct Category of Slander Per Se

Abstract

This note examines in depth three aspects of a largely neglected aspect of slander law: the sexual misconduct category of slander per se. First, the origin and nature of the category is addressed, particularly its paternalistic "imputations of unchastity of a woman" formulation. Second, that forulation has undergone a great deal of change over the last fifty years, and the reasons for those changes are analyzed. Finally, this note recommends various changes to the modern "sexual misconduct" formulation, including rooting defamatory nature in public opinion, establishing a number of guiding principles for its application, and statutory clarification.

Keywords: slander per se, defamation, defamatory per se, sexual misconduct, unchastity, slander, homosexual conduct, defamatory nature, defamation law