Utah judge dismisses Tim Ballard’s wife as defendant in sexual assault lawsuit

The lawsuits alleged that Katherine Ballard stood up for her husband. A Utah judge ruled that her comments defending her husband were protected speech.

A judge in Utah dismissed the lawsuit against Katherine Ballard, the wife of Operation Underground Railroad founder Tim Ballard, in a lawsuit filed by a woman who claims Tim Ballard sexually abused her.

Celeste Borys has alleged in her lawsuit that Tim Ballard used the guise of the “couple ruse” – in which individuals would pose as a couple to infiltrate child trafficking rings that OUR sought to dismantle – as a pretext to sexually assault her on multiple occasions.

Katherine Ballard was named in the lawsuit because Borys’ lawyers claim that statements made by Katherine Ballard showed she was conspiring to protect her husband.

However, Third District Court Judge Todd Shaughnessy said Thursday that the allegations in the lawsuit against Katherine Ballard stem from public statements she made that are protected by a state law passed last year.

Aside from the statements, Shaughnessy wrote, “plaintiffs have presented no evidence, as opposed to mere allegations,” to support their allegations against Katherine Ballard. The judge dismissed Katherine Ballard as a defendant in the case and ordered the plaintiffs to pay her legal fees.

“This decision is a win for all Americans and their right to speak out on a public matter, such as when someone unfairly accuses them or their spouse,” Katherine Ballard said in a statement Thursday. “I will not remain silent while someone tries to destroy my family to line their pockets. Today’s decision is a warning that unsubstantiated allegations may grab some headlines, but will not prevail in court.”

Borys’ lawyers said she is considering challenging the constitutionality of the law on the grounds that it “deprives Ms. Borys of her day in court to prove that Katherine Ballard was involved in abetting the couple’s ruse.”

“It was not the intent of the Utah Legislature in enacting this law in 2023 to provide additional protection to those human traffickers who engaged in a civil conspiracy using the couple ruse at the expense of sexual assault victims,” said Alan Mortensen, one of Borys’ lawyers.