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slander defense and attack

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IgnorantWT

Guest
What is the name of your state? ohio
I have heard some nasty comments made about someone in my life and some other comments made about me. I'm working both sides of the spectrum in this question.
Offense- Comments were made against me in a public place, loudly in front of numerous anonymous people that were not true. The problem is, after reading the insert about slander, how can I possibly prove that the comments are false?
Defense- I have told my ex girlfriend that people have told me things about her that were really nasty. They also told me things about what she was currently doing while she was with me behind my back. She threatened me that if I said those things, she'll sue me. How?
I working off the responses and the general info from this website.
I read that
1) The victim of slander must prove that the slanderous comment is false. How?
2) The victim needs proof that the slander was made by the accuser.
3) The slander must have been stated as fact with malice? huh?
Does this mean that I can say "This person did this" and get sued, but if I say" I heard that she did this, but I'm not sure if it happened or not" I can't get sued?
4)If a statement is true, therefore not slander, but it is so embarrassing that the victim doesn't want it known, the victim cannot sue. If you don't want people to know about something or spread it and the accusers don't have proof themselves, how can they win? If you don't have proof that it didn't happen, how can the slander be considered true?
Like I said, I'm confused. I have been attacked with a slanderous statement but can't prove it didn't happen, but the accuser can't prove it did. But, I was publicly humiliated by a lie. On the other hand, I have heard comments about someone and have shared the comments to that someone and others, not as fact but as gossip, and I've been threatened that I can be sued. Do I have a case for my defense in the first scenario and am I committing slander in the second case?
 


stephenk

Senior Member
"Comments were made against me in a public place, loudly in front of numerous anonymous people that were not true"

so how were you damaged? The people who heard the comments dont know you.


Do you believe the rumors being spread about your ex-girlfriend? If you dont know if the rumors are true, the prudent choice would be to remain quiet.
 
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IgnorantWT

Guest
Some were friends, too. What about the embarrassment and the humiliation of going into the place again and being shunned or furter humiliated by strangers calling you names? Isn't that damage? Wasn't that the point of sueing? If not, what is defamation of character? What would be the point of slander cases if you know the comments are false and just had to take the cosequences?

I believe the comments made about my ex but can't prove them. There is a lot of evidence about the people she has been around that would sway people's judgement about her anyway. And, more importantly, I heard the rumors from other people. I'm not spreading them. But, she's threating me. I would like to think that I have the right to share the rumors to those who wish to get involved with her because I do know that Getting involved wil have very bad consequences. I believe I'm right by stating the things that did happen to me with her and/or by her to anyone who asks because the did happen. I can't prove them all, but they are embarrassing and I wouldn't want anyone to ahve the same consequences. That's practiacally a public service. But, she could claim I said stuff that I didn't.
 
P

pass23431

Guest
To win a slander case you must prove three things;
1. That the statements were untrue
2. That the statements were made with malicious intent,
soley to inflict damage to your reputation
3. That real damages were suffered as a result of these
malicious statements.

and as simple as that may sound, in reality, this is no easy task, intent, usually being the most difficult to prove.
 

Beth3

Senior Member
"That real damages were suffered as a result of these
malicious statements" That's not entirely accurate. In some situations, damages may be presumed. Depends on what was said and to what "audience."
 

stephenk

Senior Member
Strangers calling you names? What world do you live in? Are you that popular in your town that even strangers recognize you?

Oh by the way, dont give the old "I want to help others who may go out with my ex" as the reason to spread nasty rumors about your ex.

If she is your ex and you dont like her, cut off all communication with her. You havent given any reason why you would want to stay in contact with her other than to talk bad about her.
 
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I

IgnorantWT

Guest
#1)Just because some people don't know you in a small town doesn't mean they don't see you in a small town every week. People recognize people and do say "Hey, See that guy? I heard that..." and the malicious rumor goes on. If it is false, isn't that slander? It's not a matter of popularity. It's a matter of recognition and repeatition of a false accusation.

#2)I'm not trying to keep communication with my ex. But, even though I don't have to spread "rumors" about her ( from the ones I've heard), it still shouyld be in my right to state a fact if I am asked. Whether they are negative to her rep or not. If your OPINION was desired about someone or a very important factual bit of info was asked about someone that could result in a negative conclusion to the inquiring party, would you deny it? Would you tell your mom that a restaurant does or does not serve poisonous food in fear that you may be sued for slander when you know they do? It's an extreme example but it is just what you need to ask yourself if nobody else that has ever been to that restaurant and eaten there has complained. Think about that, stephenk!
 

stephenk

Senior Member
Okay go ahead and do what you want. If you know for a fact that the nasty things you heard about your ex are true, then you have nothing to worry about.

Are the strangers coming up to you and telling you what they heard about you? do you really hear them saying things about you and see them pointing you out from a crowd?

you dont have to convince me or anyone else on this board as to who is telling the truth or just spreading lies. It's your life.
 
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IgnorantWT

Guest
But that's just it, if truth is defense, how can you prove it? I can't prove that I didn't do what my accusers are saying. I also cannot prove that I didn't spread rumors about my ex (not the truthful facts that I know, but the rumors I've heard about her from others that she can place on me). So, how in a slander case, defense or offense, can someone prove that the comments made did not happen?
 
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IgnorantWT

Guest
Also, do those momments of akwardness of people pointing and whispering count as damages of emotional distress? How do you take damages in a legal sense from emotion distress? Do you have to be committed to an institution where paperwork has been issued or just have to see a shrink? I'm not looking to do either, but this is one of the criteria for a slander case either defense or offense, right?
Just would like to know what damages are.
 
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pass23431

Guest
moments of akwardness have very little effect on a court of law so does "emotional distress". Generally, damages in a slander suit involve a proffessional reputaion, or a business suffering as a result of the slander, and the proof therein that an actual, showable, amount in income was lowered, or halted as a direct result. Legal slander is highly misunderstood and one of the most difficult to prove. Move on.
 
I

IgnorantWT

Guest
Pass, are you saying that I cannot get a case against someone that spreads lies about me in which I suuffer some type of defamation of character in the social sense unless I run a business which suffers from such comments or I loose my job because of the comments?
What about me being sued for the same reasons by my ex? I'm not endangering her job or business, rumors or facts? Can I get sued?
Did you read the elizabeth thread about the thief? So far, you have been the only one who has gotten to the point on my original questions. I still haven't heard anything about how one can prove that a statement is false.
 

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