[blabbermouth]

Iam being sued for declaration of character because I posted what I know about the person on her web page but she also posted things about me, what are my chances of winning.

[jolienoire]

Defamation of character
Defamation of character is a catchall term that includes accusations of slander (spoken derogatory comments) or libel (written derogatory comments). Because defamation of character requires a showing of harm and because many defenses can be raised to a defamation claim, defamation of character can be difficult to prove. The following tips show the elements necessary to prove defamation of character.

1.
Show that there was a false statement made about you. Generally, to prove defamation of character, you must show that someone made a statement of fact about you and that statement was untrue and not privileged.
Step2
Establish that the statement was relayed to a third party. It isn't enough that the untrue statement was said, it must also have been conveyed or published to others and understood to be about you. Public figures seeking to prove defamation of character must also show that the false statement was made with actual malice.
Step3
Put on evidence showing that the statement caused you harm. To prove defamation of character, you must show that the statement exposed you to hatred, ridicule, contempt, or caused injury to you in your occupation.
Step4'
Recognize the defenses to a defamation of character suit. Truth is an absolute defense to a defamation action. Privileged statements, such as those made in court, are also protected. Likewise, innocent dissemination of the statement and consent to the statement being made are also defenses.
How To Prove a Defamation of Character Claim | eHow.com

[jolienoire]

Most jurisdictions recognize "per se" defamation, in which the allegations made by the defendant are presumed to cause damage to the plaintiff. Normally in personal injury litigation, including actions for defamation, the plaintiff bears the burden of proof. Within the context of defamation, that means that the plaintiff must establish by a preponderance of the evidence that the defendant's statements were false, and that the defendant knew or reasonably should have known them to be false at the time the statements were made. Defamation per se provides a significant exception to that rule: Typically, where the statements made by the defendant constitute defamation per se, the defendant has the burden of proving that the allegations are true.

Typically, the following may consititute defamation per se:

Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Attacks on a person's professional character or standing;
Allegations that the person has committed a crime of moral turpitude

You are considering filing an action for defamation, you may wish to consider the following:

High Cost - Defamation actions tend to be costly to pursue. When brough against major media companies or publishers, or their employees, you should expect that the case will be capably defended by highly skilled defense attorneys.

Low Recovery - Defamation actions rarely result in sizeable awards of damages, and it is not unusual for the cost of pursuing a defamation action to exceed the ultimate recovery.

Publicity - The publicity associated with litigating a defamation claim can actually serve to expose a greater audience to the false allegations than they previously enjoyed. If a newspaper or news show picks up the story of the defamation lawsuit, defamatory statements previously known to only a handful of people can suddenly become known by the entire community - sometimes the entire nation or world. Sometimes the media will do a poor job of subsequently covering the verdict, such that the public hears the defamatory allegations but doesn't learn that the plaintiff was successful in the lawsuit.

Difficulty of Proving Defamation - It is sometimes not possible for a plaintiff to establish all of the elements of a defamation action, even where the defendant's statements were entirely false. Most people who hear that a plaintiff lost a defamation action aren't interested in the nuance - they will instead assume that the loss means that the allegations which inspired the suit were true.

The information provided above was from the link below
Defamation of Character

[Fr_Chuck]

I will make it simple, if what you posted is true, it does not matter if it hurts them or not, so if what you posted is true and you can prove it in court, then you have nothing to worry about.

If what you posted was not true, or if it is true but you can't prove it, you will be in trouble.

Now there are a couple levels of winning, she can win, but not win anything unless she can prove the damages

[blabbermouth]

Iam being sued for declaration of character because i posted what i know about the person on her web page but she also posted things about me, what are my chances of winning.

Well I posted that she gave me an std and she did I am just waiting for th results on what she infected me with, does that help my case?

[Fr_Chuck]

But of course the issue in court will be proving it was her, you may well have to hve your entire sexual history bought out in court, as well as pay for medical tests to see if they have the same STD.

And of course if they turn out not to have the STD?

It is often hard to prove that you got it from one specific person

[George_1950]

Just curious: you say that she gave you a STD; did she know she had an STD?

[JudyKayTee]

Iam being sued for declaration of character because i posted what i know about the person on her web page but she also posted things about me, what are my chances of winning.

Post removed by Judy KayTee -