Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CONSUMER & GENERAL PRACTICE LAW > Libel / Slander / Defamation

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-25-2007, 05:16 PM
MTD MTD is offline
Junior Member
 
Join Date: Jul 2006
Posts: 9

Ex-friend (and sister's ex-boyfriend)


What is the name of your state? Massachusetts

I was a friend and classmate with this guy since junior high and high school. He later dated my sister for one summer, 11 years ago, and broke up on bad terms. She moved on with her life. He never got over her to this day.

Though I rarely see him in person the last several years, whenever I do bump into him, he still has some pretty nasty words about her. He's one with a devil-may-care attitude, and would openly speak his mind. I've been to a few parties in the past with him in attendance where he did badmouth her in front of my friends - and in my face - telling everybody about the details on the night of their breakup. (If you ask her side of the story on that night, she says he was on the verge of date-raping her. I believe her in this regard not because she's related to me... but I did hear that he tried the same thing to another girl prior.) Basically, he would say negative things about her to anyone that will listen to him.

Among the other rants he says like a broken record: she has sex with every guy in the club, she's the one preventing us from being perfect brothers-in-law, our perfect life together is ruined, and she screwed HIM and it was her fault and her prostitute-esque lifestyle proves it. This is just a few.

Though I cannot read his mind, but in some way, he blames ME for their relationship breakup (which explains why he prefers my presence with others when he badmouths her), even though I had absolutely NOTHING to do with their relationship. Honestly I never knew they were both going out together until long AFTER they broke up. He pretty much feels I'm guilty by means of association. As I stated at the start, he WAS a friend of mine.

For the record, my sister is no angel. Even she admits to that. She was a "party girl" during most of her 20s, but has in the last few years settled down with the right guy. She says everything that happened in the past is the past, and she doesn't look back on them. She will have her wedding this May, and I am happy for her. Sadly, the guy knows the date and locale of the wedding and reception - and my sister and her fiance has taken the proper security measures to make sure he's stopped at the door. You know he's not coming to this as a wedding crasher for free food and drinks. To make it clear, he has never directly threatened her (nor has he been one of those crazy "stalking ex's" where you must live in fear every day). He's basically a guy who's emotionally attached to certain people too long. Her run-ins with him after their breakup have been equally rare as my encounters with him. But when asked about him, she says she is aware of the things he says about her, but she basically pities him.

Whats worse in my mind is that, because both he and I are in the same graduating class, I expect the guy to do an encore and badmouth my sister at our next high school reunion (20th anniversary), which is only two years away. I know this is so far ahead... but if he ever does that, can my sister sue him for slander if I tell her what happened on this particular night? I should point out at our last high school reunion eight years ago, he did badmouth her in front of over 300 people with the things I mentioned. And no question in my mind he's not afraid to repeat them again.

I would like to hear responses on what can possibly be done. This cannot go on for a lifetime!

Last edited by MTD; 02-25-2007 at 05:25 PM.
  #2  
Old 02-25-2007, 05:40 PM
Member
 
Join Date: Nov 2004
Location: Carver County, MN
Posts: 253
Send a message via ICQ to David Jonathan Send a message via AIM to David Jonathan Send a message via MSN to David Jonathan Send a message via Yahoo to David Jonathan Send a message via Skype™ to David Jonathan
videotape the event of him badmouthing her, give her the tape, and have her contat an attorney after the fact. There's nothing you can do now.

Check your local laws for harassment, stalking, and other crimes against a person, he may fall in there somewhere (I did cite a law just below there, it's a start)

If he does show up to the wedding, call the police, and this will start the process for an order of restraint, in that order, you MAY be able to get the judge to order him stop slandering her in public, etc. etc.

so this guy is what, about 36 years old, and he's still hung up on a highschool relationship? That's sad. Perhaps he needs some professional help.

--Dave. (Remember, I'm NOT an attorney, this is NOT legal advice, but hopefully this will arm you with a little bit of knowledge for when you DO seek legal council.)

P.S. .... here's a law that MAY work in your favor ...

Chapter 265: Section 43A. Criminal harassment; punishment

Section 43A. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than two and one-half years or by a fine of not more than $1,000, or by both such fine and imprisonment. Such conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications or facsimile communications.

(b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years
__________________
I'm not an attorney - I'm a professional Process Server who went to school for auto mechanics, and worked in a call center for years - I've also got some Pro Se expirence. Anything I say shouldn't be taken as "legal advice" but more as "something to think about"
  #3  
Old 02-25-2007, 06:16 PM
MTD MTD is offline
Junior Member
 
Join Date: Jul 2006
Posts: 9
Quote:
Originally Posted by David Jonathan View Post
So this guy is what, about 36 years old, and he's still hung up on a highschool relationship? That's sad. Perhaps he needs some professional help.
You are correct: This guy is 35 years old, going on 36... He went out with my sister at the time (he was 25, she was 21) when she was in her junior year in college. He got his college degree three years earlier. Professional help is an understatement! From what I know about him, he may well have deep (untreated) psychological problems... back in junior high school, his own younger sister attempted suicide twice, so thats a sign there is something direly wrong with his family. Given this, and had I known both he and my sister were going out, I would not have approved of the relationship. My parents didn't approve of him either, and his loose lips - and disrespecting both my father and mother - eventually made him unwelcome in our household.

Last edited by MTD; 02-25-2007 at 06:23 PM.
  #4  
Old 02-27-2007, 01:04 PM
cbg cbg is offline
Senior Member
 
Join Date: Nov 2001
Location: Massachusetts
Posts: 24,436
Don't do any taping without his knowledge: MA is a two-party state. Everyone involved has to know about and agree to the taping.
  #5  
Old 02-27-2007, 01:10 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Nothing in your post rises to the level of libel/slander. Move on.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #6  
Old 02-27-2007, 01:45 PM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,204
Quote:
Originally Posted by BelizeBreeze View Post
Nothing in your post rises to the level of libel/slander. Move on.
Yep. That's what I was going to say!
__________________
My new signature:
Originally Posted by arazi
Quote:
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  #7  
Old 02-27-2007, 10:20 PM
MTD MTD is offline
Junior Member
 
Join Date: Jul 2006
Posts: 9
Quote:
Originally Posted by cbg View Post
Don't do any taping without his knowledge: MA is a two-party state. Everyone involved has to know about and agree to the taping.
I expect our high school reunion to be taped. It certainly was taped eight years ago. Though IMO its unlikely two years from now that he'll grab the microphone and say in front of a camera and 300 of our alumni that my sister should have been his bride and/or that she still parties and sleeps around. If he's crazy enough to do that, so be it. I won't stop him. Scary part is, given his psyche and arrested development, I think he would!

Quote:
Originally Posted by BelizeBreeze View Post
Nothing in your post rises to the level of libel/slander. Move on.
Tell those last two words to my ex-friend! Believe me, I tried and his response was in these exact words: "I can't do that."

Seriously though you must tell me - why isn't what he's doing not libel/slander? It certainly was enough for me to terminate my friendship with him.

Keep in mind, I have no interest in suing this guy despite how much embarrassment he tries to put on me - though I think my sister should if she decides to. After all, its her reputation and those he rants to never heard her side of the story, let alone defend herself. She did say to me long time ago that he doesn't have the right to keep talking whatever he wants about her in public and to give the impression she's to blame for his 11+ year grief. Its kind of sick the way he seems to "enjoy" the badmouthing in front of me and my friends, sort of obsessive-like. I would hope that the threat of him being sued would be an incentive for him to finally stop.

Last edited by MTD; 02-28-2007 at 10:28 AM.
  #8  
Old 02-28-2007, 02:54 PM
Member
 
Join Date: Nov 2004
Location: Carver County, MN
Posts: 253
Send a message via ICQ to David Jonathan Send a message via AIM to David Jonathan Send a message via MSN to David Jonathan Send a message via Yahoo to David Jonathan Send a message via Skype™ to David Jonathan
right now, it's simple harassment ...

for it to be slander/lible/defmation you'd have to prove damages ... IE: she can't get a job because of the things he says, she's been turned down for loans, fired because of him, needs to see a therapist because of him, etc.

I don't know if you'd have a case for harassment, but there is at least one officer who posts on the board, perhaps he can shed some light onto this one from that perspective.

--Dave.
__________________
I'm not an attorney - I'm a professional Process Server who went to school for auto mechanics, and worked in a call center for years - I've also got some Pro Se expirence. Anything I say shouldn't be taken as "legal advice" but more as "something to think about"
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:59 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.