Can survivors of sexual misconduct bring a counterclaim against an individual harasser after being sued for defamation for reporting the misconduct? Sabatini v. Knouse arose after David Sabatini, a tenured MIT professor and former Director of Laboratory Research and Whitehead Institute for Biomedical Research (“Whitehead”), engaged in a sexually inappropriate relationship with his student, Kristin Knouse. After Whitehead determined that Sabatini violated its sexual harassment policy, he resigned and sued Knouse for defamation. Knouse then filed a counterclaim for sexual harassment but was barred from bringing her claim against Sabatini because he was an individual rather than an institution.
Women Lawyers on Guard Inc. signed an amicus brief arguing that allowing retaliatory defamation lawsuits to proceed against a survivor of sexual assault without permitting them to file a sexual harassment counterclaim would contribute to widespread underreporting and allow harassers to go unchecked. Furthermore, sexual harassment and retaliation lawsuits disproportionately impact women, particularly women of color. The brief also explains that enabling harassers to weaponize retaliatory defamation lawsuits to dissuade victims from reporting sexual abuse would leave survivors without appropriate legal recourse.
Initially, the Massachusetts Court of Appeals ruled in favor of the defendant and barred the plaintiff’s counterclaim. However, on May 19, 2026, the Supreme Judicial Court of Massachusetts reversed in favor of the plaintiff, holding that survivors of sexual misconduct in academic settings can file lawsuits against individual harassers, not only institutions.
To read the amicus brief, please click here.
