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Does it matter if the damage done from slander continues after the statute of limitat

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Cinderfellla

Junior Member
What is the name of your state (only U.S. law)? Iowa
A person's so-called "mom" may have had perhaps a case of munchausen by proxy(?) in that she would dig up the teen boy's diary and call up his friends and coaches and tell disgusting lies about the boy. The lies were intended to break off the relationships or have the boy disallowed to play sports. (Imo/from my observation) it was done so the "mom" could degrade the boy in the opinion of other's so she could get away with years of barbaric child abuse. She also told lies to a psychiatrist which drugged the boy needlessly. The drugs have a reputation of causing suicide/suicidal leanings. The boy has carried on for years with many complications from the merciless and needless drugs. (Including blocked/suppressed memory issues, ptsd, depression, etc.)
Does this person have a case against the "parent(s)"/"dr"/hospital/drug companies/etc.? Does not the fact that the drugs may cause suicide/suicidal leanings point to perhaps attempted murder? Imo the "parents" hated the boy. They repeatedly accused him (falsely) of riding in a pick-up truck with two homosexuals.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Iowa
A person's so-called "mom" may have had perhaps a case of munchausen by proxy(?) in that she would dig up the teen boy's diary and call up his friends and coaches and tell disgusting lies about the boy. The lies were intended to break off the relationships or have the boy disallowed to play sports. (Imo/from my observation) it was done so the "mom" could degrade the boy in the opinion of other's so she could get away with years of barbaric child abuse. She also told lies to a psychiatrist which drugged the boy needlessly. The drugs have a reputation of causing suicide/suicidal leanings. The boy has carried on for years with many complications from the merciless and needless drugs. (Including blocked/suppressed memory issues, ptsd, depression, etc.)
Does this person have a case against the "parent(s)"/"dr"/hospital/drug companies/etc.? Does not the fact that the drugs may cause suicide/suicidal leanings point to perhaps attempted murder? Imo the "parents" hated the boy. They repeatedly accused him (falsely) of riding in a pick-up truck with two homosexuals.
Who are you in this?

How many years ago did this all occur (how old is the boy now)?

I am not seeing any defamation claim available for the boy to pursue, if this is what you are asking.

The statute of limitations for filing a defamation claim is from between 1 and 3 years (depending on the state) from the date of first publication (communication to others) of the false statements. In Iowa, a defamation suit must be filed within two years.
 
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eerelations

Senior Member
How is being accused (however falsely) of riding in a pickup truck with two homosexuals defamation? Why is this even an accusation?
 

quincy

Senior Member
How is being accused (however falsely) of riding in a pickup truck with two homosexuals defamation? Why is this even an accusation?
That was a curious addition to the post, wasn't it? ;)

I also know of no psychiatrist who will prescribe drugs based solely on the tales of a mother, either.

Whatever is going on, I see no defamation claim possible.
 

Cinderfellla

Junior Member
Who are you in this?

How many years ago did this all occur (how old is the boy now)?

I am not seeing any defamation claim available for the boy to pursue, if this is what you are asking.

The statute of limitations for filing a defamation claim is from between 1 and 3 years (depending on the state) from the date of first publication (communication to others) of the false statements. In Iowa, a defamation suit must be filed within two years.


It was a long time ago (1979). I realize that the statute of limitations has expired, but could this perhaps be looked at similar to the people with blocked/suppressed memories (such as with the cases of certain priests in the news some years ago in which (from my understanding) the men who were abused as boys decades prior were able to receive some compensation)? The abused boys/men, I believe, had blocked/suppressed memories and thus were able to use that in their argument. The boy today is 53.
The boy was me.
 

FlyingRon

Senior Member
Well, there doesn't seem to be any repressed memory here, but even if there were, it would make no difference. What allows the sexual assault cases to be brought long after the normal statute of limtations isn't because there's some common law exception for repressed memory, but that the statutes were specifically changed to extend the SOL in the these type of cases.
 

Cinderfellla

Junior Member
How is being accused (however falsely) of riding in a pickup truck with two homosexuals defamation? Why is this even an accusation?
The defamation consists of the "mom" telling the others lies about the boy such as "drug abuser", "mentally ill", etc. The truck accusations were what (imo) set the old "lady" over the edge to new heights of hatred and vicious threats toward the boy. The ingrate woman could hardly have asked for a better child but her insistence that the boy was riding with two homosexuals was (imo) a heavy emotional trigger which caused her to tell horrendous lies to a psychiatrist. The boy was told he was going to the hospital within less than one minute of meeting. After having been 100% cooperative and absolutely trouble free at the hospital, the boy was forcibly drugged.
 

quincy

Senior Member
The defamation consists of the "mom" telling the others lies about the boy such as "drug abuser", "mentally ill", etc. The truck accusations were what (imo) set the old "lady" over the edge to new heights of hatred and vicious threats toward the boy. The ingrate woman could hardly have asked for a better child but her insistence that the boy was riding with two homosexuals was (imo) a heavy emotional trigger which caused her to tell horrendous lies to a psychiatrist. The boy was told he was going to the hospital within less than one minute of meeting. After having been 100% cooperative and absolutely trouble free at the hospital, the boy was forcibly drugged.
I am sorry you had such a difficult childhood, Cinderfella. I hope you are in counseling to help you handle the emotional trauma of what you experienced as a child.

Although I believe getting counseling is best, and possibly the only, action you can take, there might be other legal avenues available for you to explore. You might want to locate an attorney in your area for a personal review.

But I do not see any defamation claim for you to pursue after all this time. Sorry.
 

quincy

Senior Member
And even if there was defamation, the time for such suits is long past.
Right. Repressed memories may work to revive another sort of claim (e.g., sexual abuse claims) but will not work for defamation claims.

There is a discovery element to defamation that is recognized in most states and this can (RARELY) allow for defamation suits to be filed outside the statutory limits (past the 1 to 3 year publication date limit). But I do not see it applying under the circumstances described here.
 

quincy

Senior Member
I ran across the following Iowa Supreme Court case from 1995 that addresses the statute of limitations and the possible tolling of it due to the "discovery of harm" rule. The claims in the case linked below were for psychiatric malpractice, intentional infliction of emotional distress, invasion of privacy, breach of contract, slander per se and slander.

Langer v. Simpson, 533 NW 2d 511, Iowa Sup Ct (1995): http://scholar.google.com/scholar_case?case=6616086966186475291&q=defamation+discovery+of+harm+rule+extends+statute+of+limitations&hl=en&as_sdt=4,16

From Langer: "... the statute begins to run when a person gains knowledge sufficient to put the person on inquiry ... once a person is aware that a problem exists, the person has a duty to investigate even though the person may not have knowledge of the nature of the problem that caused the injury."

From the Iowa Code, Section 614.8 says: "The times limited for actions herein, except those brought for penalties and forfeitures, shall be extended in favor of minors and mentally ill persons, so that they shall have one year from and after termination of such disability within which to commence said action."

With defamation, it would be the very rare case that would allow for an extension to the statutory time for filing a claim. The most common example given in law school is that the person defamed was "in a coma" and was unaware of the defamation until he awoke. But, in Iowa, there is a slight possibility for minors and the mentally ill to file a claim outside the limits, should the facts support the filing.

Again, I do not see any defamation suit for Cinderfella to pursue (although he can always check with a defamation attorney in his area). I had the Langer case available, though, and I thought I might as well post it. :)
 

Cinderfellla

Junior Member
I am sorry you had such a difficult childhood, Cinderfella. I hope you are in counseling to help you handle the emotional trauma of what you experienced as a child.

Although I believe getting counseling is best, and possibly the only, action you can take, there might be other legal avenues available for you to explore. You might want to locate an attorney in your area for a personal review.

But I do not see any defamation claim for you to pursue after all this time. Sorry.

After a couple of "no-shows" of my printed posts, it appears that this site can be rather fussy about what may be stated in one's post. (Which can actually cause one to write more carelessly, needless to say how it might affect the mood of the writer.)
I wonder if this will be posted?...
 

quincy

Senior Member
After a couple of "no-shows" of my printed posts, it appears that this site can be rather fussy about what may be stated in one's post. (Which can actually cause one to write more carelessly, needless to say how it might affect the mood of the writer.)
I wonder if this will be posted?...
Well, this latest post of yours posted. :)

You can read the Terms and Conditions to see what is allowed in a post and what is not. Some words will automatically flag a post for moderator review. Vulgar language is not allowed. Commercial messages and links by new posters are not allowed. The list goes on.

And then, sometimes, the site is just fussy and a post is flagged for moderator review in error.
 

Cinderfellla

Junior Member
Well, this latest post of yours posted. :)

You can read the Terms and Conditions to see what is allowed in a post and what is not. Some words will automatically flag a post for moderator review. Vulgar language is not allowed. Commercial messages and links by new posters are not allowed. The list goes on.

And then, sometimes, the site is just fussy and a post is flagged for moderator review in error.

I was able to find the "Rules" section, but haven't been able to find a "Terms and Conditions" area to check. I guess I can try to proceed and perhaps someone can tell me if such a comment is "improper".
Is it "improper" to ask if to force drugs on a child/teen constitutes attempted murder? Is it "improper" to ask if the lingering complications have any significance/bearing in this case?
 

Cinderfellla

Junior Member
Well, this latest post of yours posted. :)

You can read the Terms and Conditions to see what is allowed in a post and what is not. Some words will automatically flag a post for moderator review. Vulgar language is not allowed. Commercial messages and links by new posters are not allowed. The list goes on.

And then, sometimes, the site is just fussy and a post is flagged for moderator review in error.

...It appears that yet another post has been scrapped. Is this typical on this site?
 

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