Falsely accused, can I sue?

[kj333]

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

My ex who I haven't seen in 8 years filed a false police report stating I assaulted her the other night in a public restroom on some campus 30 miles away (I was at home with my family). I took a lie detector test today and passed. The police said they would try to find her (can't get a hold of her now) to take one. What are my options here? I obviously want to press charges for her falsely accusing me. Can I also sue her? This has been so stressful on my family. Like I said, I haven't seen her in years and she's saying I assaulted her physically and sexually just the other day!

 

[quincy]

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

My ex who I haven't seen in 8 years filed a false police report stating I assaulted her the other night in a public restroom on some campus 30 miles away (I was at home with my family). I took a lie detector test today and passed. The police said they would try to find her (can't get a hold of her now) to take one. What are my options here? I obviously want to press charges for her falsely accusing me. Can I also sue her? This has been so stressful on my family. Like I said, I haven't seen her in years and she's saying I assaulted her physically and sexually just the other day!

A police report cannot generally be used to support a defamation lawsuit. Police reports are covered by a qualified privilege and it takes proof that a report was filed with an intent to harm, knowing at the time that the report was false, to defeat this privilege. This is generally not easy to do.

In addition, stress is not reputational injury. Without reputational injury, you have not been defamed. There are no damages. Without damages, there is really no reason to file a defamation lawsuit.

That said, it is illegal to file a knowingly false police report. It can result in a felony charge. Here is a link to Tennessee's law: http://law.justia.com/codes/tennessee/2010/title-39/chapter-16/part-5/39-16-502/

 

[kj333]

Thank you. I did recently apply for a job, but just the police report shouldn't show up on a background check, correct? And this is probably a dumb question, but do I have to press charges against her for the false report or will charges automatically be filed once the police realize she falsely accused me?

Thanks!

 

[CdwJava]

Thank you. I did recently apply for a job, but just the police report shouldn't show up on a background check, correct? And this is probably a dumb question, but do I have to press charges against her for the false report or will charges automatically be filed once the police realize she falsely accused me?

Thanks!

It will be up to the police and the prosecutor to seek charges for filing a false police report ... if they choose to. Most agencies are reluctant to pursue these cases because they also tend to discourage legitimate victims from coming forward if they think that a suspect with a good lie or people who will lie for him might make the victim appear to be a liar.

You are free to hire an attorney and see if there are any grounds for a civil suit, but without an arrest or harm (damages) I don't see that you have a case that an attorney might consider pursuing.

As for a police report on a background check, these might show up. There is no such animal as a generic background check - one size does not fit all. It can be as simple as glancing at the application, and as complex as having you sign waivers and visiting employers, friends, family, courts and police departments to find out every contact and court action you have ever had.

In general, unless the report resulted in criminal charges, this will not show up on a private employer's background check which most often is a search of public records through a background check company.

 

[quincy]

Thank you. I did recently apply for a job, but just the police report shouldn't show up on a background check, correct? And this is probably a dumb question, but do I have to press charges against her for the false report or will charges automatically be filed once the police realize she falsely accused me?

Thanks!

Were you arrested based on the false report or did the police simply notify you of the claims made by your ex without an arrest?

Police reports generally won't show up on a background check. Court actions and convictions usually will.

If you think you want your ex arrested for filing an especially egregious police report against you, you can tell the police you would like the matter pursued. The police will forward all information to the prosecutor who will determine if charges should be filed.

As a note, what your ex falsely accused you of doing is defamatory, and if the false claims become problematic in any way for you, you can sit down with an attorney in Tennessee to review the facts. You have one year to file the suit from the date of the police report. I am afraid, though, that any defamation action you might consider would put a spotlight on the false accusations and create more problems for you than would be solved.

Good luck, kj333.

 

[kj333]

Ah, thanks. I was not arrested, the police brought me in for questioning and the lie detector test and that was it for today. I was actually hired by a company pending a drug test and background check. I passed the drug test, but I haven't heard back from the job since (the report was filed Thursday) so I'm kind of worried they know. I have a clean record assuming this false report doesn't show up.

 

[kj333]

The accuser does not have a clean record if that makes a difference.

 

[quincy]

Unless the job you applied for is with the police department, it is probably pretty unlikely that the employer knows anything of the false report filed against you.

Police complaints are neither true nor false. What is reported needs to be investigated by the police to determine the truth or falsity. So even if the existence of the police report were known, the report means little. What can matter is an arrest and any charges that are filed. But the only real concern is a conviction.

You have good evidence that you were nowhere near where your ex said you were, and you have a lie detector test result indicating you are not hiding the truth. I would not worry too much at this point.

It is too bad that your ex has thrown your life into chaos in the way that she has but the matter should be resolved fairly quickly - unless, of course, you are somehow charged with the crime she claims you committed. In that unlikely case (based on what you have written here), you will want to consult with an attorney in your area and the chaos will continue.

Good luck.