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Libel/Harrassment by family member

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boomersmom

Guest
I live in Ohio.

I have a friend who has become the object of obsession of an apparently mentally disturbed cousin. This cousin recently began a letter-writing campaign to as many members of their rather large family as she could reach, stating (falsely) in these letters that my friend raped her over 20 years ago when they were teenagers at the family's annual beach trip. My friend absolutely denies the allegations, but is aware that it is his word against hers.

Although this is causing much worry and distress for my friend and other members of his family (especially regarding the health of their 91-year-old grandmother, who also received a letter), he has not yet sustained any financial damages. It isn't yet clear whether any of the extended family believe the outrageous claims or not. What concerns my friend is the possiblity that the cousin will expand her horizons and send letters to his friends, neighbors, employer, etc.

The questions: at what point does this become harrassment and/or libel - thus allowing my friend be able to take some action to stop her? Are there any immediate specific steps he can/should take in order to solidify his case?

Thanks,

Boomer's Mom
 
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okamsrazor

Guest
At the point he can prove she wrote those letters knowing they were false. So until he proves he did not rape her 20 years ago, he is kinda out of luck.
 
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boomersmom

Guest
Thanks for the reply.

Obviously, it's very difficult to prove a negative...he can prove that various elements of her story are untrue, but not the entire story.

Wow, this legal system baffles me. A person can make up anything about anyone at any time and get away with it.

I do appreciate your response.

Boomer's Mom
 

HomeGuru

Senior Member
boomersmom said:
I live in Ohio.

I have a friend who has become the object of obsession of an apparently mentally disturbed cousin. This cousin recently began a letter-writing campaign to as many members of their rather large family as she could reach, stating (falsely) in these letters that my friend raped her over 20 years ago when they were teenagers at the family's annual beach trip. My friend absolutely denies the allegations, but is aware that it is his word against hers.

Although this is causing much worry and distress for my friend and other members of his family (especially regarding the health of their 91-year-old grandmother, who also received a letter), he has not yet sustained any financial damages. It isn't yet clear whether any of the extended family believe the outrageous claims or not. What concerns my friend is the possiblity that the cousin will expand her horizons and send letters to his friends, neighbors, employer, etc.

The questions: at what point does this become harrassment and/or libel - thus allowing my friend be able to take some action to stop her? Are there any immediate specific steps he can/should take in order to solidify his case?

Thanks,

Boomer's Mom
**A: the best advice you can give your friend is to seek legal counsel.
 

I AM ALWAYS LIABLE

Senior Member
okamsrazor said:
At the point he can prove she wrote those letters knowing they were false. So until he proves he did not rape her 20 years ago, he is kinda out of luck.

My response:

Actually, the above response is absolutely, 100%, wrong.

Rape is a crime.

Therefore, the letters fall under the category of "Libel per se". Under Libel per se, "damages" to one's reputation are "presumed" to have been suffered. Thus, the "proof", or the onus, falls back on the cousin to prove that the rape DID, in fact, occur. Truth is a defense.

Libel per se:
A broadcast or written publication of a false statement about another which accuses him/her of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease (like syphilis) or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for "general damages," and not just specific losses.

If she can't prove the rape; i.e., her "truth", then the judge is going to have a field day with her, and slam her for all sorts of actual and punitive damages, in favor of your friend. All your friend needs to do is hire an attorney, and bring all of the original letters (or as many as he can obtain) to the lawyer and start his lawsuit.

IAAL
 
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boomersmom

Guest
IAAL:

Thank you for your reply.

I've just spoken with my friend and he said he spoke with a local attorney today who said he would have to prove actual (financial, I guess) damage before he could sue for libel.

I will have him look into the "libel per se" issue.

Thanks very much for your response.

Boomer's Mom
 

I AM ALWAYS LIABLE

Senior Member
boomersmom said:
IAAL:

Thank you for your reply.

I've just spoken with my friend and he said he spoke with a local attorney today who said he would have to prove actual (financial, I guess) damage before he could sue for libel.

I will have him look into the "libel per se" issue.

Thanks very much for your response.

Boomer's Mom


My response:

What the hell kind of attorney did he consult? This is "hornbook" law! If, after a reading of one of the letters I found it to be libelous on its face, hell, I'd represent him!

IAAL
 
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boomersmom

Guest
IAAL:

Bargain Basement, apparently. He got a referral from his wife's health insurance company (they have a crisis line that refers folks out for legal and financial issues).

Thanks for the very helpful information. I'm sure you've made his day.

Boomer's Mom
 
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I AM ALWAYS LIABLE

Senior Member
My further response:

Please have your friend write to us with the EXACT content (quoted verbatim) from one of the letters - - presuming they are all written exactly alike.

I'd like to read it to determine other, potential, causes of action and damages.

IAAL
 
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boomersmom

Guest
I AM ALWAYS LIABLE said:
My further response:

Please have your friend write to us with the EXACT content (quoted verbatim) from one of the letters - - presuming they are all written exactly alike.

I'd like to read it to determine other, potential, causes of action and damages.

IAAL
IAAL: Thanks for the offer. Could we take this conversation off the public forum? I'm pretty sure I've got my profile set up such that you can send me a private message and I can facilitate sending you the verbatim message.

Thanks,

Boomer's Mom
 

I AM ALWAYS LIABLE

Senior Member
boomersmom said:
IAAL: Thanks for the offer. Could we take this conversation off the public forum? I'm pretty sure I've got my profile set up such that you can send me a private message and I can facilitate sending you the verbatim message.

Thanks,

Boomer's Mom

My response:

I'm sorry, no. I conduct all FreeAdvice "business" only on the forums. I do not conduct private consultations. Besides, you and your friend are completely anonymous, and all you or he will have to do is delete all names.

Additionally, other people may obtain help with their own similar situation when reading this thread, and still other people may wish to contribute their own thoughts on this thread.

Thank you.

IAAL
 
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boomersmom

Guest
okamsrazor said:
Yes, I was wrong. Here is an article about filing libel for date rape accusations.

http://www.tms.tribune.com/newsmakers/9710-3c.html

I did have a question, if she states in Civil Court he raped her but can not prove it, does that leave her open to prosecution for Perjury?
As you may have seen in an earlier post, my friend got the same advice you gave earlier from a local attorney...so don't feel bad. He is going to try again with someone else.

Also, the link you posted was helpful.

Thanks!

Boomer's Mom
 

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