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Theodrekr · Apr 23, 2007, 03:13 PM

I want to know if I tell people who molested me if that would be defamation of character. We go to the same school and have some friends in common. This person formed a cult that I WAS NOT involved in. They trapped me in a basement and tortured a molested me for 6 hours. (Intent to kill. I was not suppose to be alive after this. They said so.) I did not tell anyone until recently and had a hospital stay because of the event. Now I have to look at the person and my attackers every day and know they got away with NO reprocutions because I had not said anything about my experience until about 6 months ago.
If I were to tell my friends (who know what happened too me but not who did it) who it was could my molester turn around and sue for defamation of character?

shygrneyzs · Apr 23, 2007, 05:16 PM

If this guy tried to sue you for defamation of character and you can prove what you have stated - there is no defamation. What you tell the court is the truth. Have these guys been even questioned by law enforcement? Your accusations are quite serious and they should be held responsible, to the full extent of the law.

If you decide to tell your friends who did this to you, you can expect that these guys (or their friends) will seek some retribution. So you have to be protected. I hope you have spoken to an attorney and the police and that everyone is working toward getting you some justice.

Have you been to a rape counselor since then? If you have not, I would hope you do go and see one. What happened to you is unspeakable and you deserved better.

froggy7 · Apr 23, 2007, 07:12 PM

Looking at it from my viewpoint (and I am not a lawyer!), I'd say that he could if you are not willing to press charges against him.

My thinking about it is this (and please note, this is just hypothetical, I'm not saying that I disbelieve you): What you are saying can have serious repercussions against him. I don't even know who he is, and I already know that I wouldn't have anything to do with him. And depending on what his job is, it could result in him being fired, etc. And yet, all we have to go on is that you said that it happened. For all I know, you are someone who wanted to date him, he refused, and this is your way of getting back at him. So if you are willing to say this about him, but not willing to actually take it to the police and the courts, I'd have to be wondering why you are willing to spread this rumor, but not do anything to actually get him off the streets. And, the most likely reason that comes to mind is that you don't have any proof. And, without proof, it is almost by definition defamation of character, since your only defense would be that it's true, which you can't prove.

So, if you want to tell people, fine, but I'd also be talking to a lawyer and the cops if I were you.

Fr_Chuck · Apr 23, 2007, 08:24 PM

Have you filed a police report, you need to, then the fact you filed a police report. But telling the truth is not illegal, but you do need to be able to prove it.

I will say this, I would always tell the truth, and let what happens happen, maybe not the best "legal" advice, but if it is true, the truth needs to be told, but needs to be told to police, counselors and others who can help do something about it.

Matt3046 · Apr 23, 2007, 08:51 PM

Call the police.

excon · Apr 24, 2007, 08:31 AM

Hello Theo:

If you tell someone OTHER than the police, the truth of your statement will be questioned. Could they win a defamtion lawsuit against you?? Maybe! His lawyer might convince a jury that if you REALLY were assulated, you would have gone to the police right away. It's a very reasonable argument.

excon

Matt3046 · Apr 24, 2007, 08:41 AM

I was curious to see the cons take on Name: avatar_4745.gif
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this question. And yes he is right the longer you wait the less credibility you will have.

ScottGem · Apr 24, 2007, 09:03 AM

As indicated, truth is a defense against defamation of character. But you have to be able to prove it. At this late date, any forensic evidence no longer exists. So its your word against the word of however many people were involved.

What you NEED to do is first go to a rape counselor, then the police. You cannot say anything about this to anyone but a counselor until you talk to the police. Unless you can prove your story (unlikely), you cannot accuse without risking a suit.

wallabee4 · Apr 24, 2007, 10:31 AM

I'd like to add another QUESTION to this string: Even if you DO press charges in something like this, if the folks who did it, say, commit suicide, is the victim/accuser liable for wrongful death (that is if the family of the suicide decide to look for someone to blame) or say, they lose their jobs can they sue the accuser since if he hadn't revaled them they might still be employed? Does it matter if the case is tried and they are found guilty? And how does he prove it other than his say so? Does his SAY SO stand up in court? Even if they ARE guilty if, as you say, he can't PROVE it other than his say so and thy are found not gulty, can he be liable for being counter sued?

ScottGem · Apr 24, 2007, 10:46 AM

Originally Posted by wallabee4

I'd like to add another QUESTION to this string: Even if you DO press charges in something like this, if the folks who did it, say, commit suicide, is the victim/accuser liable for wrongful death (that is if the family of the suicide decide to look for someone to blame) or say, they lose their jobs can they sue the accuser since if he hadn't revaled them they might still be employed? Does it matter if the case is tried and they are found guilty? And how does he prove it other than his say so? Does his SAY SO stand up in court? Even if they ARE guilty if, as you say, he can't PROVE it other than hsi say so and thy are found not gulty, can he be liable for being counter sued?

If the Accuser can't prove their accusations and the accused suffers harm from them, then accuser can be held liable. However, if the accusations can be proven, then not.

If the accused were to commit suicide, that COULD be considered an admission of guilt. It would depend on the circumstances surrounding the suicide.

wallabee4 · Apr 24, 2007, 10:52 AM

Follow up Question:

Can a lie detector test actually be used for both accuser and abuser(s) as legal PROOF?

donohoec · Apr 24, 2007, 10:59 AM

Please tell the police. Let me know what happens I am very concerned.

ScottGem · Apr 24, 2007, 12:12 PM

Originally Posted by wallabee4

Follow up Question:

Can a lie detector test actually be used for both accuser and abuser(s) as legal PROOF?

No.

Theodrekr · Apr 24, 2007, 05:43 PM

Thanks for your help,
A few things I must clear though.
The person has no job to be fired from.
And the person was a girl.. . Other girls took part in it. I knew of the girl, but was not involved in her "cult" thing. They picked me for reasons I don't know.
I didn't have any medical documents but people did see me brused and bloodly directly after the incident, (30 min)
There is a dairy,
Two of the people involved are willing to testify AGAINST the molester. This was a preplanned thing. (attackers told me and admit it to their parents and counslers this is documented)
I just got out from a horrible experience in a mental hospital so I have just been trying to exist... without trying to blow my head off.
No police were informed because I refused to call them. All I wanted to do was take a shower and go to bed...
Is it possible to get a restraining order? So there is no risk of us being alone together or on the street?
Thanks for all your help

ScottGem · Apr 25, 2007, 05:27 AM

Restraining order for what?

You NEED to go to the police with the 2 witnesses. That is your first step and only after doing that, can you pursue anything else.

excon · Apr 25, 2007, 05:39 AM

Hello again, Theo:

Why do want to do EVERYTHING other than the suggestions you received?? There is only ONE thing to do. Only ONE thing. ONE THING. EVERYTHING ELSE IS STUPID TO DO. STUPID!!

excon

wallabee4 · Apr 25, 2007, 09:52 AM

Originally Posted by ScottGem

Restraining order for what?

You NEED to go to the police with the 2 witnesses. That is your first step and only after doing that, can you pursue anything else.

LISTEN TO SCOTTGEM!!

A restraining order is the same as laws. They are only 'feel good's for the law-abiding citizens of this world. Someone who would break the law really doesn't care that there IS a law (ditto a restraining order)

Just like the boogie man, monsters live in the dark. They thrive on silence. It may feel comforting to hide under your blankets so quiet that the boogie man can't find you. It is very scary to shine a light on them and speak and have the boogie man hear you. But THAT is the HEALTHY thing to DO. Because, if you remember from childhood, once you put the light on, there IS NO BOOGIE MAN.

Collect every person you KNOW is on your side and surround yourself with a web of comfort and security and if you have to, ask one of them to actually dial the phone to the police and a lawyer. Then YOU muster up the courage to talk to more than just your computer screen. (By the way, at your computer screen type out every single detail of what happened to you, have it all straight in your mind when you talk to the police. Consistency will count.)