Libel

[RAC]

What is the name of your state (only U.S. law)? TEXAS

I have been specifically named as an adulterer in someone elses divorce proceeding. This accusation is totally unfounded and untrue, however there I am named in the countersuit as having committed adultery with the counterrespondent. Is this liable? Do I have any recourse in this matter?

 

[quincy]

If the accusation of adultery is false, then it is defamatory, however there is an "absolute privilege" that attaches to court proceedings and filings.

Absolute privilege immunizes all court officers and parties to a case (and attorneys, witnesses, advocates, jurors, etc) from a defamation lawsuit if the false and defamatory statements are made in the course of, or relating to, the court proceeding. In other words, you cannot sue over what is said in court papers or in court.

If the false accusations make their way out of the court-related setting and papers (ie. the party making the false accusation is spreading the false fact to others in the community), you may have a defamation action you could consider. For this, you should consult with an attorney in your area.

 

[mistoffolees]

If the false accusations make their way out of the court-related setting and papers (ie. the party making the false accusation is spreading the false fact to others in the community), you may have a defamation action you could consider. For this, you should consult with an attorney in your area.

However, even if the person is parading around town with signs accusing OP of being an adulterer, collecting damages is pretty difficult. He/she might get an order for the person to stop, but to collect money, he/she would have to show real harm to have any real chance of collecting. Unless it affects his employment or something similar, that's hard to do.

 

[quincy]

Texas recognizes "per se" defamation, and a false accusation of adultery would be defamatory per se. For such an accusation, proof of reputational injury would not be necessary, as reputational injury is presumed. A person is entitled to an award of damages on this presumed injury as a matter of law.