New Books Network Jessica Lake, "Special Damage: The Slander of Women and the Gendered History of Defamation Law" (Stanford UP, 2025)
Feb 2, 2026
Jessica Lake, senior lecturer in media law at the University of Melbourne and author of Special Damage, explores the gendered history of defamation law. She traces landmark cases like Mary Smith’s 1788 suit, the Slander of Women reforms across the Anglophone world, and how race, class, and colonial politics shaped protections for women. Short, vivid stories reveal surprising transnational legal connections.
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Special Damage And Legal Barriers
- English common law required women to prove narrow "special damage" (usually a cancelled marriage) to sue for sexual slander.
- Jessica Lake shows New Jersey's 1790 ruling broke that rule, making sexual slander actionable without such proof.
Mary Smith's Landmark Case
- Mary Smith in New Jersey (1788/1790) sued neighbors accusing her of carrying a bastard child.
- Chief Justice Kinsey declared sexual slander actionable for all, sparking transnational reform.
Reputation As Work Security
- In early New South Wales reputation tied to class and ability to work, not just marriage prospects.
- Cases like Harriet Spencer showed slander could ruin a woman's employment as a governess.
