In an action mentioned in RCW 4.36.120, the defendant may, in his or her answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he or she proves the justification or not, he or she may give in evidence the mitigating circumstances.
[ 2011 c 336 § 106; Code 1881 § 100; 1877 p 22 § 100; 1854 p 143 § 62; RRS § 293.]