best place to start

[emersonpoet]

What is the name of your state? new york

if i wished to research slander as it applies to other literature relating to sexual offenders, where would i go?
(other than this site?)

your help would be eternally appreciated-thank you

 

[HomeGuru]

What is the name of your state? new york

if i wished to research slander as it applies to other literature relating to sexual offenders, where would i go?

**A: TO HELL of course.

 

[emersonpoet]

did you read the top?
civil
certainly the kind of answer that gives humanity hope, isn't it?

thanks- i appreciate it from the bottom of my heart

 

[HomeGuru]

did you read the top?
civil
certainly the kind of answer that gives humanity hope, isn't it?

thanks- i appreciate it from the bottom of my heart

**A: and I depreciate it from the heart of my bottom.

 

[emersonpoet]

IAAL

I Am Always Liable, do you have a suggestion?

 

[HomeGuru]

Great, now you're really asking for it.

 

[emersonpoet]

i would really appreciate a serious reply even though i did not agree with other advise that you dispensed. if you cant help- ok-but please direct me where else i can go- i am 23, own my own house and work a lot- i dont really have a lot of time to waste over stupid things and this is important

citing other cases might help- im not trying to be wise- i am serious

 

[Selina Sedai]

Well, you could try doing a Google search for Defamation of Character laws in your state.

www.google.com

You could also do a Google search for Literature + Sexual + Offenders + Defamation + Suits. Same URL as given above.

You could probably do a search for Non Fiction Writer's Sites to see what they have to say. Probably look into Exposés as well.

Furthermore, I'd highly, highly recommend subpeonaing or requesting a copy of all court transcripts, deposition transcripts, police reports, etc pertaining to the story you'll tell. Include those, cited properly, in both footnotes and a bibliography. You may also want to track down other victims and interview them, including their statements in your book. They may request you use an alias for them, though. Just keep a list of which alias refers to which real person in your notes in case you are asked to provide them as witnesses when you get sued (and, you probably will get sued, even if the case is dismissed or you are found not to have committed defamation).

And, insurance wouldn't hurt. There are some insurers who will help cover civil suits. Purchase a good policy and speak to, and possibly retain, a good lawyer in your district. Though, if you are working for a publisher (which you should be or else your book is probably never going to get to the presses), your publisher may be willing to go to bat for you in court.

 

[emersonpoet]

thank you- im on it

 

[emersonpoet]

couple more

if i fictionalize the whole thing and publish under a fake name- is ther still possibility of being sued because the writing was recognized as mine? or am i totally screw either way? what if i wait untill staute of limitaions has run out? what about civil suit possibilities?

 

[Selina Sedai]

Uh, letting the statute run won't help you because the statute for defamation starts when your book is published. Unless you have access to a time machine, you can't wait until after publishing your book to publish your book.

And, if you fictionalize it enough, you can probably be safe. However, if it's readily apparent to people involved or in the community who you are talking about, even though it's fiction, it might be considered defamation.

Consult a defamation lawyer in your area. He'll know more than I will.

 

[emersonpoet]

thanks!

I was thinking of the criminal staute (7 years, i think) for the actual rapes- but you are right- at this point i should be more concerned with the slander and the possibility that my parents will start a civil suit-

homeguru could be related to them !

But i appreciate you taking the time to answer

Thanks all-

 

[pass23431]

Or you could just change the names on your STUPID BOOK!!! (i did that on purpose)

And HomeGuru is the best.

 

[Selina Sedai]

No, HomeGuru is not related to them.

I know you don't like him but, he's a lawyer, IIRC, so it would be wise to at least heed his advice because he, unlike me, actually knows what he is talking about. I, on the other hand, am guessing based on what little I know about your state's laws.

The law doesn't always say what we think it says or work how we think it works. That's why it's a good idea to listen to someone who knows the truth about what the law says and does. Getting mad at HG just because you don't like the way he is is just as silly as my clients getting mad at me when I tell them 'you got a virus and, no, I can't retrieve your data. I'm not the FBI. I don't have a lab that can do it. I operate out of my apartment and can only use the tools I have. I don't care what so and so said, I cannot retrieve your data because I do not have the very expensive tools it takes to do that for a disk this fried.'

Moral of the Story: It doesn't matter what you think, it only matters what the reality of the situation is. In this case, HG is, no doubt, more knowledgeable than me.