• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

rape - slander

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

surfer9

Guest
What is the name of your state? VA

Ok...heres the short story.

Introduced to girl at bar by female friends.
Have a few drinks...me and girl hit it off.Bring girl home have sex. Wake up next morning, get ready for work...girl instigates sex again. Find out 2 days later that girl went to the police filed a report that i put drugs in her drink(which pretty much comes to that i raped her) Anyway...i am totally innocent, haven't ben able to do my job correctly, can't even look at women the same way...and just miserable. So...charges have not been filed...i retained a lawyer...and i want to sue for slander, public defamation. Do i have a case?
 


HomeGuru

Senior Member
surfer9 said:
What is the name of your state? VA

Ok...heres the short story.

Introduced to girl at bar by female friends.
Have a few drinks...me and girl hit it off.Bring girl home have sex. Wake up next morning, get ready for work...girl instigates sex again. Find out 2 days later that girl went to the police filed a report that i put drugs in her drink(which pretty much comes to that i raped her) Anyway...i am totally innocent, haven't ben able to do my job correctly, can't even look at women the same way...and just miserable. So...charges have not been filed...i retained a lawyer...and i want to sue for slander, public defamation. Do i have a case?

**A: are you both adults and what did your attorney say?
 
S

surfer9

Guest
Yes...both adults

Well..i haven't met with the attourney yet (Tuesday). First of all, i heard this through the grapevine and went down to the police station to see what was going on. Met witht the detective that is on her case. Talked with her (she recorded it) then asked me i would come down to take a polygraph. Went down there to take it, but on the way there i didn't know what rights i had or if they would be violated. So i told her i would not take one till i retained a lawyer.

The lawyer told me i don't have to speak with them anymore now. Now....i didn't ask too much about slander or a public defamation. Thought i would get through this first since no charges have been filed. Yet...word has gotten around in the small town i live in, i can't work without this on my mind, my parents are in their 60s so they are worried. I have a feeling it wil get dropped due to lack of evidence but yet i still do not believe i deserve this.

What i am wondering is...if no charges are filed can i still file for slander.
 
O

OSNNG2L

Guest
surfer9 said:
Yes...both adults

Well..i haven't met with the attourney yet (Tuesday). First of all, i heard this through the grapevine and went down to the police station to see what was going on. Met witht the detective that is on her case. Talked with her (she recorded it) then asked me i would come down to take a polygraph. Went down there to take it, but on the way there i didn't know what rights i had or if they would be violated. So i told her i would not take one till i retained a lawyer.

The lawyer told me i don't have to speak with them anymore now. Now....i didn't ask too much about slander or a public defamation. Thought i would get through this first since no charges have been filed. Yet...word has gotten around in the small town i live in, i can't work without this on my mind, my parents are in their 60s so they are worried. I have a feeling it wil get dropped due to lack of evidence but yet i still do not believe i deserve this.

What i am wondering is...if no charges are filed can i still file for slander.
-----------------------------------------------------------------------------------

How long ago was this and what kind of drug is she claiming you slipped her with???

Cause if it wasn't long ago and depending upong what she claims to the courts for what kind of drug it is then maybe they can get a toxicology test on her to see if its still in her system? If not then it will prove she is making false accusations...Otherwise I don't know what else to tell you other than what was said all ready and what you know...
 
S

surfer9

Guest
This happened last thursday. Found out on Sunday (that's when i went to the police station)

Dont' know what drug. But she did go to the doctors for examination and blood tests the day after.

So...what you're telling me is that if she says i slipped her a drug and made a false accusation of rape, then nothing shows up in the toxology report...i may have something to use against her?
 
O

OSNNG2L

Guest
surfer9 said:
This happened last thursday. Found out on Sunday (that's when i went to the police station)

Dont' know what drug. But she did go to the doctors for examination and blood tests the day after.

So...what you're telling me is that if she says i slipped her a drug and made a false accusation of rape, then nothing shows up in the toxology report...i may have something to use against her?
------------------------------------------------------------------------------------

Only if you can prove the day it happened, the type of drug she claimed used and what the know length of time that drug would reside in a persons system and if it was in permissable time from the accusation made to when she saw the doctor then its a matter of getting the courts to look at a copy of her medical record showing a negative result on the test.

In most cases, polygraph tests are admissable in court depending upon the nature of a crime...The way it sounds it that it is going to be hard for her to prove that she was drugged unless she drugged herself and went to get tests taken...But who knows what kind of person she is or how smart she is...

As your legalities? I couldn't say for sure...She could have a case and then again she might night...But the more evidence you find against her and witnesses if any or what ever the case may be would be in your best interest...Just stay away from her at all costs and avoid contact with her friends and also get a restraining order if necessary to prevent her from any further actions against you...

But other than that I would say you are best checking with an attorney to see what their best recommendations are???

But my guess and bet is not to worry...I don't think she has a case, but I would stay away from her and do what you need to do during the meantime...

GOOD LUCK!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top