Sexual Assault

[GizmoDawn]

California.

Recently, my husband and I filed a small claims case against his ex-girlfriend for trashing their apartment and stealing his things. I'm sure you can see where this is going. She turned around and is now counter suing my husband for $7,500 (TRIPLE what we are suing her for), saying that it was him who ruined the apartment and took HER things. She originally claimed the apartment was broken into. In her letter to his parents, she is claiming my husband abused and sexually assaulted her. It's right there in print. Yet, she never filed a police report for alleged assault or for her things being stolen. It has been almost a year, and this is the first we have heard of this bs. We know she is only doing this as retaliation to our lawsuit, but I am beyond livid that she has made these statements to his family, her family, to me, and even to the collections agency that his former apartment complex sicked on us all (which is why we have to sue). I have no doubt that she has also made these false claims to the apartment manager. Can we sue for defamation? These are VERY serious accusations and are devastating to his reputation. He has been losing friends, and even his co-workers have told him she has called there to spread lies.

If we can? Where do we do it? Small claims or where we can have an attorney? I am just beyond disgusted with her. I am victim of spousal rape and abuse, and I can't think of a bigger slap to my face than her lying about being assaulted. If she wants this pain so badly, she can take mine!

 

[Zigner]

California.

Recently, my husband and I filed a small claims case against his ex-girlfriend for trashing their apartment and stealing his things. I'm sure you can see where this is going. She turned around and is now counter suing my husband for $7,500 (TRIPLE what we are suing her for), saying that it was him who ruined the apartment and took HER things. She originally claimed the apartment was broken into. In her letter to his parents, she is claiming my husband abused and sexually assaulted her. It's right there in print. Yet, she never filed a police report for alleged assault or for her things being stolen. It has been almost a year, and this is the first we have heard of this bs. We know she is only doing this as retaliation to our lawsuit, but I am beyond livid that she has made these statements to his family, her family, to me, and even to the collections agency that his former apartment complex sicked on us all (which is why we have to sue). I have no doubt that she has also made these false claims to the apartment manager. Can we sue for defamation? These are VERY serious accusations and are devastating to his reputation. He has been losing friends, and even his co-workers have told him she has called there to spread lies.

If we can? Where do we do it? Small claims or where we can have an attorney? I am just beyond disgusted with her. I am victim of spousal rape and abuse, and I can't think of a bigger slap to my face than her lying about being assaulted. If she wants this pain so badly, she can take mine!

Nope, "we" can do nothing. If your husband feels the need to do so, then he can pursue a defamation claim, but that is a very costly process.

 

[Ohiogal]

California.

Recently, my husband and I filed a small claims case against his ex-girlfriend for trashing their apartment and stealing his things. I'm sure you can see where this is going. She turned around and is now counter suing my husband for $7,500 (TRIPLE what we are suing her for), saying that it was him who ruined the apartment and took HER things. She originally claimed the apartment was broken into. In her letter to his parents, she is claiming my husband abused and sexually assaulted her. It's right there in print. Yet, she never filed a police report for alleged assault or for her things being stolen. It has been almost a year, and this is the first we have heard of this bs. We know she is only doing this as retaliation to our lawsuit, but I am beyond livid that she has made these statements to his family, her family, to me, and even to the collections agency that his former apartment complex sicked on us all (which is why we have to sue). I have no doubt that she has also made these false claims to the apartment manager. Can we sue for defamation? These are VERY serious accusations and are devastating to his reputation. He has been losing friends, and even his co-workers have told him she has called there to spread lies.

If we can? Where do we do it? Small claims or where we can have an attorney? I am just beyond disgusted with her. I am victim of spousal rape and abuse, and I can't think of a bigger slap to my face than her lying about being assaulted. If she wants this pain so badly, she can take mine!

A) You have no standing to file against her.
B) You have no right to file against her at all.
C) Why do you think you are involved at all?
D) You can't sue for anything as you have no standing for anything.
E) Who says she is lying but your husband?

 

[xylene]

Too bad you couldn't have just let it go instead of starting stuff.

 

[quincy]

California.

Recently, my husband and I filed a small claims case against his ex-girlfriend for trashing their apartment and stealing his things. I'm sure you can see where this is going. She turned around and is now counter suing my husband for $7,500 (TRIPLE what we are suing her for), saying that it was him who ruined the apartment and took HER things. She originally claimed the apartment was broken into. In her letter to his parents, she is claiming my husband abused and sexually assaulted her. It's right there in print. Yet, she never filed a police report for alleged assault or for her things being stolen. It has been almost a year, and this is the first we have heard of this bs. We know she is only doing this as retaliation to our lawsuit, but I am beyond livid that she has made these statements to his family, her family, to me, and even to the collections agency that his former apartment complex sicked on us all (which is why we have to sue). I have no doubt that she has also made these false claims to the apartment manager. Can we sue for defamation? These are VERY serious accusations and are devastating to his reputation. He has been losing friends, and even his co-workers have told him she has called there to spread lies.

If we can? Where do we do it? Small claims or where we can have an attorney? I am just beyond disgusted with her. I am victim of spousal rape and abuse, and I can't think of a bigger slap to my face than her lying about being assaulted. If she wants this pain so badly, she can take mine!

I see several problems, the biggest being that you are unable to do anything. This is your husband's battle to fight - and it would probably be best if he and his ex-girlfriend could be mature enough to fight it outside a courtroom.

If it has been almost a year since the lies were spread about your husband, he is running up against the time limit for filing a defamation claim. The statute of limitations in California is one year.

Your husband also seems to be missing some of the elements necessary for a successful slander suit. For slander-per-se (under which a false accusation of sexual assault would fall), there must be demonstrable injury shown beyond the presumed injury to one's reputation in order to be awarded damages sufficient to warrant a legal action. From Nethercutt Collection v. Regalia, 172 Cal App 4th 361, 369 (Cal Ct App 2009): "t is not sufficient that the words be merely injurious to one whatever his pursuit, but they must prejudice him in the special profession or business in which he is actually engaged." You have made no mention that your husband has experienced any economic harm in his workplace from the comments made by his ex-girlfriend.

If you and your husband want to learn more about defamation in California, here is a link to California's civil jury instructions, which explains what must be proved to win a suit: https://www.justia.com/trials-litigation/docs/caci/1700/

And if your husband wants to explore his legal options in greater depth, he can sit down with an attorney in California. I think that, if he wants to limit the financial harm he is likely to experience in court, he should see if he can come to an amicable solution to the apartment damage (and the lies) with his ex-girlfriend. The best way for him to be able to do this, however, is for you to back away entirely and let him handle it without your help or interference.

Good luck to all.