Reporter, Rolling Stone Found Liable in UVA Defamation Suit

The debunked 2014 article detailed sexual assault at the University of Virginia.

ByABC News
November 4, 2016, 5:11 PM

— -- A jury has found Rolling Stone journalist Sabrina Rubin Erdely, as well as the magazine and its publisher, responsible for defaming a former University of Virginia associate dean in a 2014 article about sexual assault on the campus.

The jury concluded that the journalist, the magazine and its publisher, Wenner Media, were responsible for libel, with actual malice, against UVA administrator Nicole Eramo, who oversaw cases of sexual assault at the school when the Rolling Stone article, titled "A Rape on Campus," was published.

A 10-person jury began deliberating Wednesday and after 19 hours of consideration, they unanimously agree that statements in the article, which was later retracted, were made with "actual malice," defined by U.S. District Judge Glen Conrad as statements that were knowingly false or made with reckless disregard for truth. Conrad added that "failure to investigate" is not actual malice.

Eramo said the magazine portrayed her as a villain. She is seeking $7.5 million from the magazine for defamation, which will be decided at a later time. The next phase of the trial will determine monetary penalties and starts on Monday at 8 a.m.

Eramo sobbed in her chair in the courtroom after the verdict was read.

The jury took issue with statements made about Eramo, who was previously in charge of the university's sexual assault program, in the 2014 article. The jury also ruled some of the comments Erdely made about the administration and the University of Virginia that appeared in media interviews prior to the article's being retracted in April 2015 were defamatory and made with actual malice.

In a statement, Rolling Stone said it has "aimed to produce journalism with the highest reporting and ethical standards, and with a strong humanistic point of view," for more than 50 years.

"When we published ‘A Rape on Campus’ in 2014, we were attempting to tackle the very serious and complex topic of sexual assault on college campuses, a subject that is more relevant today than ever," said Rolling Stone Communications Director Kathryn Brenner. "In our desire to present this complicated issue from the perspective of a survivor, we overlooked reporting paths and made journalistic mistakes that we are committed to never making again. We deeply regret these missteps and sincerely apologize to anyone hurt by them, including Ms. Eramo."

Rolling Stone said it would continue to "publish stories that shine a light on the defining social, political and cultural issues of our times, and we will continue to seek the truth in every story we publish.”

Rolling Stone also faces a defamation suit in a Virginia state court that was filed by the fraternity involved in the story. In a statement, the fraternity, Phi Kappa Psi, said it is "pleased" the jury held Erdely, Rolling Stone and Wenner Media responsible for the "defamatory story."

"We look forward to presenting our case in court in 2017 to receive justice for the damage caused by their irresponsible actions."