My brother in law had posted on Facebook that a ex friend of ours is a child molester and rapist after we found out from his 16 year old cousin that they were having oral sex with one another. Now the 27 year old ex friend wants to sue us for libel. Is this possible if we show proof that it's true by retrieving old texts messages from the 16 yr old and 27 yr old?

Your best bet is to turn this over to the police, ( the texts as proof)

Also where is this at, in many places a 16 year old is the age of consent and they can legally have sex.

Next what loss did they have. If they lost a contract, or a job, So yes they can sue you for 1000's or millons depending on their loss.

...
Next what loss did they have. If they lost a contract, or a job, So yes they can sue you for 1000's or millons depending on their loss.

The ex friend, accused of child molestation and rape, could sue for libel per se. Although truth (as evidenced by the texts perhaps) would be a defense, proof of special damages is (depending on the jurisdiction) not required for libel per se.

If the "victim" was above the age of consent, the brother in law would still have a valid defense if he can prove that he didn't know that the 16 year old was above the age of consent.

Thanks for replying so soon. This is in California, and there have been no loses besides missing out on work that day for them to come to court.



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Your best bet is to turn this over to the police, ( the texts as proof)

Also where is this at, in many places a 16 year old is the age of consent and they can legally have sex.

Next what loss did they have. If they lost a contract, or a job, So yes they can sue you for 1000's or millons depending on their loss.

... missing out on work that day for them to come to court.
...

Hold one. You didn't mention that before. What court proceeding? Criminal or civil? Who sued whom?

Well I forgot to mention that she has already taken my brother in law and husband to court to put a restraining order against them even though they never come in contact with one another. The judge never issued the restraining order but did tell the ex friend to sue my brother in law and husband for slander.
Hold one. You didn't mention that before. What court proceeding? Criminal or civil? Who sued whom?

Gee you "forgot" that minor detail that a judge told him to sue?? Thank you for wasting our time.

Here's the thing. Your B-I-L is in BIG trouble. Text messages from the cousin are not going to be enough. Teenagers often brag about things to make them look older. Your B-I-L made a BIG mistake by posting such accusations without ironclad proof.

Frankly, if the ex friend does sue, I think he will win. How much will depend on how much the plaintiff can prove he was damaged.

If the cousin testifies that this happened, he might get off.

Gee you "forgot" that minor detail that a judge told him to sue??? Thank you for wasting our time. ...

I'm guessing that, when asked to enjoin alleged defamatory statements, the judge properly refused to do so. "Prior restraint", in the form of injunctive relief against defamation, is almost never ordered. There are serious constitutional issues.

What the judge probably meant was "If you want to sue them, sue them for money damages, if you can prove libel. But I am not going to enjoin free speech."


... If the cousin testifies that this happened, he might get off.
Appears that he, the cousin, may have already "got off". :)

Appears5 that he, the cousin, may have already "got off". :)

Ouch ;)

But I think the cousin is the 16 yr old girl. The ex friend is the 27 yr old alleged pedophile.

I agree, the judge acted properly. But I still think proving the ex friend is a chi,d molester and rapist is going to be very hard. Even if it can be proven he had oral sex with the 16 yr old, that is not enough to label someone that way. I think they would have to prove this wasn't an isolated incident.

The 16 yr old is a boy and the 27 year old is the girl. The 16 year old wants to go to court with us and clarify everything they have done together. Also this 27 year old is trying so hard to protect her reputation because she is in the process of becoming a registered nurse. She also just received a Dui . The 16 year old wants to make clear all the things they have done together.
Gee you "forgot" that minor detail that a judge told him to sue??? Thank you for wasting our time.

Here's the thing. Your B-I-L is in BIG trouble. Text messages from the cousin are not going to be enough. Teenagers often brag about things to make them look older. Your B-I-L made a BIG mistake by posting such accusations without ironclad proof.

Frankly, if the ex friend does sue, I think he will win. How much will depend on how much the plaintiff can prove he was damaged.

If the cousin testifies that this happened, he might get off.

The 16 yr old is a boy and the 27 year old is the girl. The 16 year old wants to go to court with us and clarify everything they have done together. Also this 27 year old is trying so hard to protect her reputation because she is in the process of becoming a registered nurse. She also just received a Dui . The 16 year old wants to make clear all the things they have done together.

Boy you really like to make the situation clear don't you? You didn't think the genders were important?

Anyway, I notice the way you put things that the 16 yr old wants to make things clear, not that the 16 yr old wants to testify he was molested. I have a feeling the 16 yr old wants to protect the 27 yr old.

But, as I said. Unless you can prove a pattern of such behavior these accusation may pass muster as defamation. And, if they prevent the 27 yr old from getting a RN license there are your damages.

If I were your B-I-L I would check the age of consent laws where you are and report this to the police. Get the police to file charges. If she's convicted, then the defamation case gets dropped. Of course if she's not convicted or if the local law refuses to prosecute, then that fuels her case.

Well one thing I know in the state of California it is against the law to have sexual relations with a minor. The 16 year old boy wants to go to court now because he feels violated about this whole situation and hates the fact that she's denying everything about they did. He liked her a lot but now is furious that she's lying about everything.
Boy you really like to make the situation clear don't you? You didn't think the genders were important?

Anyway, I notice the way you put things that the 16 yr old wants to make things clear, not that the 16 yr old wants to testify he was molested. I have a feeling the 16 yr old wants to protect the 27 yr old.

But, as I said. unless you can prove a pattern of such behavior these accusation may pass muster as defamation. And, if they prevent the 27 yr old from getting a RN license there are your damages.

If I were your B-I-L I would check the age of consent laws where you are and report this to the police. Get the police to file charges. If she's convicted, then the defamation case gets dropped. Of course if she's not convicted or if the local law refuses to prosecute, then that fuels her case.

I'm not really sure that the OP isn't the 16 year old - not that it matters.

This is like watching paint dry. My advice? Go to a real live Attorney with the WHOLE story (and I do mean the WHOLE story) and see what the Attorney recommends.

Every piece of advice is met with another little bit of a changed story.

Anyway, here's the pertinent part of the California Penal Code:

"Oral copulation (Penal Code 288a) is any contact, however slight, between the mouth of one person and the sexual organ or anus of another. Oral copulation will be treated as a sex crime under a variety of circumstances (even if the crime is only attempted) and whether it is charged as a misdemeanor or a felony will primarily depend on the ages of the accused and the alleged victim, and on the circumstances that surrounded the charged incident. Depending on the severity of the offense, an individual accused of this crime faces up to eight years in prison and will definitely be required to register as a sex offender, pursuant to California's Penal Code 290.

The most effective way to avoid these penalties is to hire a criminal defense lawyer who knows how to successfully and discretely defend these types of cases. The exceptional attorneys at The Kavinoky Law Firm have mastered this unique area of the law and are dedicated to helping their clients defend against the life-changing consequences that coincide with an oral copulation conviction.

Unlawful oral sex is a chargeable offense under a number of circumstances. It may be charged against any individual (even another minor) who participated in an act of oral copulation with another person who was younger than 18 years of age at the time of the incident as a misdemeanor, punishable by up to one year in jail, or as a felony, punishable by up to one year in prison. If the accused was over the age of 21 and engaged in oral copulation with another who was under the age of 16, he or she will be charged with a felony. The offense may also be charged against an individual who had oral sex with another who was under 14 years of age and more than 10 years younger than the accused, as a felony, punishable by a three, six or eight year prison sentence."