Can I sue?

[kjh17536]

What is the name of your state (only U.S. law)? North Carolina

Is it possible for me to sue the woman that is accusing my husband of rape for Emotional Distress/Mental Anguish? It's a very complicated ordeal.

If anyone responds I can give more details about what's going on.

Thanks

[seniorjudge]

Q: Is it possible for me to sue the woman that is accusing my husband of rape for Emotional Distress/Mental Anguish?

A: Anyone may sue anybody for anything at any time anywhere. Would you win? I doubt it since the bad person has done nothing to you. Plus the fact that "emotional distress/mental anguish" is generally not an independent tort. There must be an underlying tort.

These are exceptionally general answers.

You need to consult with a tort attorney in your area for full details.

[lealea1005]

As many of the other knowledgable seniors on this forum will tell you....Anyone could sue anyone for anything. Whether or not you will win your case is another story.

ETA: See, SJ beat me to it.

[kjh17536]

Thank you for the response. However, mental distress is happening to me because she claimed this happened the night before our wedding at the hotel where the wedding occurred. She also attended the wedding the next day and the reception. She came to the head table hugged and kissed us both, and drank and danced all night. She also admitted had sex with my husbands best man, a few minutes after she said he allegedly assaulted her ( which lasted all night and into the next day). She reported the incident 11 days after the fact when we returned from our honeymoon. My husband has been arrested on her statement alone. No rape kit, no physical evidence and no witnesses. My life has been turned upside down. I can't sleep, eat or function at my job. I can barely take care of the kids and my mother had to stay with me for a month. While he has been jailed, she has been free to do as she pleases, while I am going crazy. I can't get him out on bail because is it was 400K, which was reduced to 200K, neither of which I can pay because we spent all of our money on the wedding, which she totally destroyed. Do you think I have a case at all?

[Zigner]

You can sue but you almost definitely won't win.

[kjh17536]

Can he sue her for defamation or slander? Or does the case have to be closed before he can do anything?

[seniorjudge]

Originally Posted by kjh17536

Can he sue her for defamation or slander? Or does the case have to be closed before he can do anything?

You cannot sue someone for filing a criminal charge against you.

Period.

End of story.

Even if.

[kjh17536]

Wow......this country is really interesting. Anyone can make an allegation of sexual assault, turn your life upside down, and that's it? There has to be more to it than that. If in the end he is found innocent, we might not be able to pick up the pieces of our lives. Unfortunately, every woman or man, for that matter, that screams assault, is not always truthful. We live with the notion that people won't lie about something that important, but it happens on a daily basis. When do we look at the full picture? I'd be a fool to say that there was no way that my husband could have done this, however, I know them both. We worked together, I've been to her house and befriended her. The character of both have been on my mind, and her's does not prevail. I'm a scientist, and I look at the facts as much as possible. His history and hers should be put to the test. The fact is that she said he raped her, he says that she came on to him, and he said no sex occurred. The only people who know the entire truth are the two of them, so character must come into play. If not, our justice system in in need of a huge overhaul. Laws should not be made in favor of solely plaintiffs, but should be made to retrieve the truth and then deligate punishment if necessary. With no recourse, she will do this again. She said to me once that if a man doesn't call her back, then she'd get them back and make them pay. Hummmm, it sounds like this might be happening to my husband.

[seniorjudge]

Originally Posted by kjh17536

...
She reported the incident 11 days after the fact when we returned from our honeymoon. My husband has been arrested on her statement alone. No rape kit, no physical evidence and no witnesses.
...

How do you know that he was arrested "on her statement alone"?

[kjh17536]

Because the police said so. My husband originally had a lawyer who told him to turn himself in. We didn't understand why he had to do it because he said he didin't do anything. Turning himself in would say he was admitting to quilt. He retained another lawyer who listened to the story and said wait, something isn't right. He spoke to the DA, and the DA met with the attorney, our lawyer, and the detective. The DA told him to wait, and to do an investigation, because he had not spoken to anyone other then the alleged victim. The officer was upset and wanted tp proceed, but had to do what the DA asked. He spoke with at least 10 people who we worked with and who attended the night out before the incident and attended our wedding. However, he issued a warrant for my husbands arrest before (Nov 5th) speaking with any of these people. When the DA on the case was on vacation in Dec. the officer got another DA to sign for the warrant and arrested my husband. So none of the statements from the people got to the DA because he was arrested on the warrant from Nov. which was before he spoke to anyone.

[ecmst12]

That much bail sounds excessive for someone who is not a flight risk. Perhaps he needs a better lawyer.

[kjh17536]

He has four charges. One kidnapping and three sexual assaults. Each was lowered to 50,000 a piece. And no, he is not a flight risk. He has been involved in the case since the beginning, September, and hasn't run or even left the city.
The DA told the detective not to move forward with the case until he talked to the alleged victim and saw a police report. However, while the DA was on vacation the detective got another DA, who knew nothing about the case, to sign the warrant from November. So the DA has no police report, other than the original charges and he has not spoken to the alleged victim. At least 10-15 people were interviewed by the detective after the DA told him to investigate, however, none of that information has been given to the DA. So my husband has been sitting in jail for almost a month because of the excessive bail, and the detectives obsession for him to be arrested.
The attorney isn't bad, however, the justice system seems to be set up to massage egos instead of going after the truth.

[kjh17536]

As I'm still looking for some answers, I'm requesting help one more time.

My husband has now been released from jail, however, since he admitted that he pushed the alleged victim off of him, he pled guilty to assault on a female.

My question is, since he wasn't convicted of the kidnapping and rape charges, can he sue her for slander/defamation or anything like that? She forced herself on him sexually and when he rejected her, by pushing her away, the story went from her being kidnapped, raped and sexually assaulted, to oh well, we'll get him on assault on a female. Since the story about the kidnapping and rape was found to be untrue, what can be done, if anything?