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#1
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What can I do without being accused of Defamation of characterWhat is the name of your state? California I have a question about Defamation of character and Statutory rape. I have long time family friends that have two girls (22 and 17). About a year ago, I introduced them to a person I do business with and their family. To make a long story short, the 17-year-old girl has told us and her family she is having sex with the married person I do business with. My question is.. if I contact his boss and inform him of this act, could I be sued for Defamation of character? I have been working with his company for 4 years, which is 3.5 years longer than he has been employed with them. If the family does not press charges enforcing the PENAL CODE SECTION 261-269, could I be sued for communicating this when he wasn’t brought to court for these allegations? I am the company’s biggest client and want to continue the business relationship with the company, but not the individual. Thanks Concerned father |
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#2
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| Who is "us" when you say she has told us and her family? You haven't defamed anyone's character when you state the truth about their behavior to someone else. But why are you barking up a tree with this guy's boss? (because you introduced them?) If the 17-year has come to you and her family in DISTRESS because she is having sex with this married man, then my advice is to stay out of it and let her parents handle it. As long as you didn't do anything illegal by "introducing them", then I'd back out as gracefully as possible and not get involved any further. If the 17 yr old or the parents are angry at you, or if they've indicated they believe you played a part in some sexual meeting or encounter, then I'd advise speaking with an attorney if you think statutory rape charges may be forthcoming. hmmbrdzz |
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#3
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| They are forthcoming.. but to the guy who created this. "Us" means my wife and I. The family (parents) of the 17yr old are grateful that we helped and encouraged her to come clean with them. The parents will do what they need to do for their child; I’m not worried about that. They are solid people, who are level headed and supportive. My concern is around the client - vendor relationship I had with the offender and where to go from here. I’d like to continue to work with the company, but not this person. If I convey to his boss "find me a new contact, or I'm gone". He'll ask why. If I inform him of the 17yr old claims (prior to trial or ??), could I be sued for defamation of character if the case is not brought to court? |
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#4
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| I'm trying to put myself in your situation, and I can't quite get there (I don't understand what it is you're trying to avoid or trying to accomplish). On the other hand, I guess I can -- you're kind of in a catch 22 situation. Boss finds out through local newspaper and wants to know why you didn't inform him; or you do inform him prior to any investigation and Boss approaches (we'll call him Mr. X) Mr. X with your allegations; or perhaps it's a matter of your simply not wanting a working relationship with Mr. X anymore because of your knowledge and are now faced with "how to" get him out of your professional life without creating a professional / personal / legal problem for yourself. It might be difficult for you to do this. You first need to decide if taking this information to your boss is going to accomplish what you want it to on your end and create no problem for you. (I have no idea if it will). Nonetheless, say, for example, authorities do not get involved but you have already gone to the boss and have said to the boss "a 17 year old female has approached me and has stated that Mr. X is having sex with her. I want to dissociate myself from him professionally". You have stated the facts and have not defamed anyone (but you have also opened a new can of worms, possibly). If I were in your shoes with all of this "possibly" getting ready to hit the fan, I would either have to feel ultra confident that my professional career was not going to see some backlash when and if things "start moving". I see red flags. Not knowing your job or your situation any better than I do, my advice is consult an attorney over this before you do anything. hmmbrdzz |
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#5
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| Thanks for the information. I know it could get sour and I'd like to lesson my involvement and let the parents and Mr. X deal with the outcome. Your advise is helpful and I think I will seek out legal advise to make sure I'm not opening myself up for legal or professional challenges in the future. |
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#6
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| I understand what you are saying. I am an account rep, and I realize that there are times that a vendor may not wish to work with a particular rep, or may prefer a particular rep over the one assigned that account. How about this? You speak with the manager or owner and ask if a DIFFERENT rep be assigned to your account? That you need a change and wish to CONTINUE your relationship with their company? That the reasons are such that you prefer to just not discuss it and ask could they just honor your request and reassign you to another? I am sure the current rep knows which way the wind is blowing and will NOT push the owner for a reason.
__________________ Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"! Last edited by nextwife; 05-11-2003 at 04:22 PM. |
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#7
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| It's not defamation of character if it is true, just the same as it is not "slander" if it is true. |
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