Comment by impossiblefork
1 year ago
No. You only need to prove that the other party recklessly claimed it without evidence.
The defence is the truth of the statement, or at least in its non-recklessness and that is provided by the party that is sued.
The American approach on this clearly works. There's a recent US case of defamation some dead children with clearly excessive fines, but that's also in the other direction.
Again, I think you’re oversimplifying. There’s nothing reckless about accusing someone of rape, even if the only proof you have is your own testimony under oath.