Can I be sued?

[PTSD]

What is the name of your state?undefinedWhat is the name of your state? New Mexico but I am inquiring about law in California.

As a child I was consistently physically, verbally, emotionally, and sexually abused by my parents. My mother works in child care in CA. My therapist called to make an "anonymous" report to child care licensing regarding my mother based on her work with me over the past 4 years. Now, CA Child Care Licensing is investigating my mother and they want me to give them the details of the abuse. Since all of this happened in the past, I don't have current bruises, scars, etc. I do have one friend who witnessed some of the abuse.

If I talk with Child Care Licensing, can my mother sue me for slander or defamation of character? I would not undertake this maliciously. The only reason I am even considering it is because of the safety of the children placed in her care.

 

[cbg]

You cannot be successfully sued for anything TRUE that you say.

 

[PTSD]

Who has the burden of proof, me or my parent?

 

[cbg]

As I understand the law, your parent has the burden of proof. Anything that you say that is either true or represents your honest opinion is protected. In order to successfully sue you, your mother would have the burden of proviing not only that you knowingly and deliberately lied, but that your "lie" was broadcast to an audience and that as a result she suffered damages.

Consult a local attorney in case there are any applicable state or local laws of which I am unaware.

 

[casa]

What is the name of your state?undefinedWhat is the name of your state? New Mexico but I am inquiring about law in California.

As a child I was consistently physically, verbally, emotionally, and sexually abused by my parents. My mother works in child care in CA. My therapist called to make an "anonymous" report to child care licensing regarding my mother based on her work with me over the past 4 years. Now, CA Child Care Licensing is investigating my mother and they want me to give them the details of the abuse. Since all of this happened in the past, I don't have current bruises, scars, etc. I do have one friend who witnessed some of the abuse.

If I talk with Child Care Licensing, can my mother sue me for slander or defamation of character? I would not undertake this maliciously. The only reason I am even considering it is because of the safety of the children placed in her care.

No she cannot. CA decriminalized false reporting #1, and #2 you are telling the truth. I believe you have a moral obligation to do so, to protect any children your mother has in her care.

Your therapist is a mandated reporter and has done the right thing...not only legally, but her support and belief in you will only help your trust in the therapuetic process. Good Luck in your Recovery.