wrongly accused

[bspencer1992]

What is the name of your state (only U.S. law)? in
I live in indiana. A almost 20 yo man is trying to get with my 16 yo daughter in the process he told his other girl friend that he only talked to my daughter because I molest her. This is untrue of course. Me and my daughter are is counceling because this has hurt me so bad that this man would tell such things just so that his girl friend wouldn't get angry with him. The girl friends mom contacted me and asked me the truth thank god she didn't just go to the police. I'm worried that he has told the same lie to someone else and what would happen if they believe him. I constently am concerned that people will think that this is true. Can I sue for libel/slander/defamation?

[quincy]

In Indiana you have two years to bring a defamation action from the time you find out for certain that the statement made about you has been communicated to another or others and has caused reputational harm (not from date of first publication of the defamatory statement, as it is in most states).

The type of statement made by this man would be considered defamation per se, or defamatory on its face, as it imputes both sexual misconduct and criminal conduct. With defamatory per se statements, as long as the statements have been communicated to a third party (in this case, the girlfriend's mother), there is no need to prove actual damages, as damages are presumed.

However, if the statement that has been communicated has not been believed by anyone, your harm is limited (although the counseling indicates harm has been done). Your best bet may be to see an attorney in your area and review all of the facts with him/her. A cease-and-desist letter, warning of legal action that may be pursued against this guy should he not immediately stop telling the defamatory lie, may be enough to remedy the situation, and spare you the expense of a defamation action.

Good luck.