Fake Pregnancy / Miscarriage Slander?

[BuckeyeGuy]

What is the name of your state? Ohio

I was dating a woman two summers ago. I realized after a month of dating that she would not be "the one". The day after I asked to be just friends, she visited my home stating she had tested positive on a home pregnancy test. I was suspicious.

Because she had conveniently forgotten the test, I had her take another to which she tested negative. I told her to leave. Over the next week she told every person in our circle of friends and acquaintences that she was pregnant with my baby and I abandoned her. One week later she says she miscarried.

Since that day this woman has continued to recount the story that she miscarried my baby and that I abandoned her. I have had several women come up to me calling me vile names and have had to withstand the glares and stares from many other men & women since then.

There are no medical records of a pregnancy or miscarriage with this woman - all made up in her mind.

This has to stop! What can I do to make this end and can I sue her for making my kife downright miserable at times?

 

[Zigner]

What is the name of your state? Ohio

I was dating a woman two summers ago. I realized after a month of dating that she would not be "the one". The day after I asked to be just friends, she visited my home stating she had tested positive on a home pregnancy test. I was suspicious.

Because she had conveniently forgotten the test, I had her take another to which she tested negative. I told her to leave. Over the next week she told every person in our circle of friends and acquaintences that she was pregnant with my baby and I abandoned her. One week later she says she miscarried.

Since that day this woman has continued to recount the story that she miscarried my baby and that I abandoned her. I have had several women come up to me calling me vile names and have had to withstand the glares and stares from many other men & women since then.

There are no medical records of a pregnancy or miscarriage with this woman - all made up in her mind.

This has to stop! What can I do to make this end and can I sue her for making my kife downright miserable at times?

This is not a case of slander. And, if it were, what would your actual (monetary) damages be?

 

[BuckeyeGuy]

Do I have to have actual damages or monetary loss? My profession wasn't affected, but my personal life was. Can I sue for punitive damages alone?

 

[Silverplum]

Do I have to have actual damages or monetary loss? My profession wasn't affected, but my personal life was. Can I sue for punitive damages alone?

Actual damages. Not "punitive."

Sometimes in life, you get insulted.

 

[faithnlve]

isn't emotional distress a punative damage if it has affected his reputation in the public?

 

[quincy]

You should probably not sleep with someone you don't know very well. That would have avoided the situation in the first place.

 

[Ohiogal]

isn't emotional distress a punative damage if it has affected his reputation in the public?

No. Emotional distress is not a punative or punitive damage. And he would have to show the negligent infliction of emotional distress anyway -- and this is not it.

 

[ajritter04]

You should probably not sleep with someone you don't know very well. That would have avoided the situation in the first place.

Do you have an actual answer to his question? If not then don't say anything it isn't your place to judge.

Unless your job has been affected by what she says the only thing you can do is ignore her and her statements.

 

[quincy]

I"m sorry

ajritter04 is right - and I apologize, Buckeye Guy, for my comment. Obviously you don't need me judging you, seeing as how every man, woman and child you're encountering, apparently, is already judging you, based merely on a single lie of a woman you dated for one month 2 years ago.
And, yes, you can sue her. You can sue anyone at any time for any reason whatsoever. But you may not win.

 

[BuckeyeGuy]

Slander Per Se

Yep, shouldn't have slept with her. You are right. Here I am paying for that misjudgement two years later.

I have a pretty thick skin and a lie or two about me isn't going to kill me. It's the fact she still keeps it going. Pretty malicious thing after so much time.

In our little community which we both belong, I have always had high visibility and a great reputation of caring and involvement. She continues to try to soil this even to this day. That is why I'm interested in putting an end to this.

I came across the term "slander per se" where actual damages do not have to be proven and punitive damages can be sought. Is anyone familier with this?

 

[moburkes]

You received your free legal advice from an actual, practicing attorney. What more do you want?

 

[fairisfair]

Do you have an actual answer to his question? If not then don't say anything it isn't your place to judge.

Unless your job has been affected by what she says the only thing you can do is ignore her and her statements.

Uh huh. And yet is somehow IS your place to judge Quincy???

We have a moderator here, and uh. . . . . . shhhhhhhh.....it ISN'T you.

 

[quincy]

per se

Slander per se ordinarily means that the words are defamatory "on their face", or have a derogatory meaning in and of themselves, such as "thief" or "whore". Words are defamatory on their face if falsely applied to a person.
Compensatory or general damages can be granted for injury to reputation, special damages for specific pecuniary loss, and punitive damages as punishment for malicious or extremely careless slander. The slander does not necessarily have to affect you in your workplace.
The five major conditions needed for a successful suit against slander are publication (or circulation of a statement to more than just the person defamed - in your case, your friends and acquaintances), identification (or pointing a finger at a specific person, in your case, you), the defamation itself (words that injure reputation, or, in some cases, cause emotional distress), fault (which is where you get into actual malice or negligence on the part of the perpetrator), and injury (you must demonstrate loss or reputational injury of some kind - which can include monetary loss, impairment of reputation and standing in your community, personal humiliation, and mental anguish and suffering).
Lawsuits are expensive, proofs are hard to obtain, and time invested in any lawsuit can be extensive. Monetary awards in cases such as yours will be minimal, at best. If the satisfaction of showing her to be a liar is that important to you, and the risk of losing time and money, and even the lawsuit, is one you are willing to take, you can sue.

 

[samsam88]

Words are defamatory on their face if falsely applied to a person.

Ok so people call women whores all the time. Some are and some aren't. In order to prove a defamatory case how can you prove you AREN'T a whore? I mean if I'm called a whore how do I prove to a judge that I'm not? Because a person who loses their virginity without being married is a whore to some people. A woman who has a baby out of wedlock is a whore to some people. What people feel makes a woman a whore varies. Wouldn't it be my word against theirs? And I know of people all the time that say "she's a whore" and gossip gossip gossip all the time. So are you saying every woman that's called a whore or has rumours passed around that they are one can sue for defamation?

 

[moburkes]

ANYONE can sue for defamation. Period.