The creator of California's survivor-protection law is publicly questioning Blake Lively's legal approach in her ongoing dispute with Justin Baldoni, arguing the statute was not designed for such use.
Victoria Burke, who authored the law after learning she could be sued for defamation for speaking about her own sexual assault, appeared on "The Megyn Kelly Show" Tuesday to explain her concerns. Burke spent over a year researching lawsuits against survivors before drafting the legislation, which was intended to shield people who come forward with allegations of sexual assault, harassment, or discrimination.
"This law was never meant to block every defamation claim," Burke said. She emphasized that the bill was carefully refined with input from advocacy groups and the ACLU to strike a balance between protecting accusers and preserving access to courts for those who say they've been falsely accused. She pointed to the Johnny Depp-Amber Heard case as an example of a defamation suit she believes could still succeed under the law.
Burke expressed surprise that the legislation is now being invoked in the heated Lively-Baldoni legal battle, saying the law's original intent is getting lost. Her critique carries weight, coming as it does from the very person who wrote the statute at the center of the dispute.