What are “per se” defamatory statements?

In Virginia, “per se” defamatory statements are statements that are so obviously damaging to a person’s reputation that the law presumes they are defamatory. This means that the victim of such a statement does not have to prove that the statement caused actual harm or damage to their reputation in order to be successful in a defamation lawsuit. The types of per se defamatory statements recognized in Virginia are: imputations that a person has committed a crime of moral turpitude or felony; that a person is infected with a contagious or infectious disease; that a person is lacking in a profession or business; and that a person is unchaste or engaging in sexual misconduct. A person whose reputation has been damaged by a per se defamatory statement in Virginia may be entitled to actual damages, injunctive relief, punitive damages, or a combination of these, depending on the circumstances of the case. In a defamation case, it is important to remember that the statement must be false in order for it to constitute defamation. Even if the statement is true, it must still amount to per se defamation in order for an actionable claim to be made. It is also important to note that each state has different laws regarding the types of per se defamatory statements that can be made and the specific elements that must be present in order for a claim to be successful.

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What are “per se” defamatory statements?

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