hello

[schmoseph01]

What is the name of your state? michigan


ok, so still nothing has happened with my case...
still waiting for the day, ive just been living life
hanging out, working, starting college in the summer


but i do have a question
so this coming friday/saturday/sunday there is this festival thing going on
and my friend wanted me to go to it on saturday with them
however its in the down where the other person lives....
and if you remember my case, its pretty bad
and i wanna go, but if there is anyway i can get in trouble
its not worth it, so idk if youd know or not
but if i go to it can i get in trouble?
coz i know his grandparents if they see will be like 'WHAT ARE YOU DOING HERE?'
and probably call the cops, like they did when i went to MY schools bball game
when my school played his school at my school..

so yeah, im pretty sure they cant ban me from going to a certain town
and if they can, i was never told i was banned from the town
coz even the cop told me i could go there, but i should try to avoid it
and i havent been to his town since then, and that was what early/middle november?
maybe late october? lol i dont even remember its been so long
but yeah, is it safe to go?

and do you have an idea of when ill finally know whats gonna happen
i was told spring time, and it is spring time?

and for everyone else, how are you doing? i hope youre doing good!
and whats up?! thanks for answering. i really appreciate it

oh one other question sorry! how long do you have to sue for slander per se?
coz i was told i can sue i do have a case, but i have to wait to see what happens with the other issue
and im just wondering how long you have to file a case of slander per se, thanks again.

 

[quincy]

Hi, Schmosepth01. I was wondering what was going on with you.

To answer your question about slander, in Michigan you have one year from the date you were first slandered to bring suit. If it starts getting close to that deadline, you could file. With the way the "wheels of justice" turn, it would be awhile before your case was heard anyway. But this you would definitely want to consult with your attorney on - as the slander suit is tied so closely to the outcome of your other case.

As for your other case and when it will be heard, the wheels of justice turn slow - there is no way to tell, in other words, when (or even if) you will see the inside of a courtroom. Perhaps, as I said before, nothing will happen at all. Bringing a lawsuit costs a lot of money, and the guy may have decided not to press the issue at all.

I know the waiting is difficult for you - having it all hang over your head for so long - but the more time that passes the better it could be for you. I am sure you have been in contact with the detective who has been handling the situation, and he would have a better idea of the timing.

In regard to your heading to the town where the guy lives, to attend the festival, there is no restraining order, so you are not legally prohibited from going there, or anywhere else for that matter. I guess the decision as to whether to attend the festival or not is one you will have to make on your own. Certainly a run-in with his grandparents would not make for a fun evening, however.

Thanks for posting back with the update.

 

[schmoseph01]

quincy youre so smart and i seriously thank you for the time you take
to respond, like i honestly cant explain how much it means to me

but actually i havent been in contact with the officer dealing with my case,
not for like a few months?
i know he called my mom and wanted to get on this computer to see something
and my mom said ok, but that he never did. at least to my knowledge he hasent
and if he did, i dont think my mom would hide that from me, but idk

and i dont think it matters if the other person wants to press charges
coz wont the state press charges? or could it be thrown out?
coz the cop told me he thinks its ridiculous coz im 18 and he is 17
and thats not bad, but he legally does have to file a report, which i understand
so could it be thrown out? i really just dont wanna do jail time
probation, community service, anything but jail time
i hope if something happens they will let me make a deal =/

 

[quincy]

You are right that it is the state that will be bringing charges, over the video of you and your friend.

The prosecutor may be finding it difficult finding a way to present a winnable case, however, based on the fact that you and your friend were old enough to consent to sex in Michigan, the video shows that the sex was consensual, and there are no direct ties between you and the video appearing on the Internet.

If the prosecutor cannot make the connection between the video and your posting of it, he has no solid child pornography charge he can bring against you. So, yes, it is possible that the case can be dropped. I wouldn't count on it necessarily, but it is a possibility.

I honestly don't know what the outcome of your case will be, schmoseph. But I think the fact that nothing has happened yet could be a positive sign. And if your friend has no interest in pursuing the matter, that is also a positive sign.

 

[schmoseph01]

thanks

and i know youre not gonna know this for sure..
but if something happens and i do get charged
do you think ill be able to get a deal
where i dont have to do any jail time?
coz like i said, ill do community service, probation, anything
i just dont wanna go to jail
im 18, 19 in may. i made a mistake
this is all such bs, its not like i knew what i was doing was wrong
its so stupid, you can have sex at that age, but it cant be filmed
thats such bs

 

[quincy]

Because of your age, and the age of your friend, and the fact that you will be going to college and have stayed out of "trouble", I think the chances of you going to jail are probably pretty slim - but that is only my opinion. Your attorney could certainly give you a better idea.

 

[schmoseph01]

ok well i went to the festival, just got home
it was fun, didnt see him or his grandparents which is always good

but i have a few questions...

you mightve answered these before, but i forgot lol
if/when i sue... obviously id sue the school
but is it the school as a whole, the principle, superintendent or who?

and am i able to sue him/his grandparents?
or would it be his mom (if she is his legal guardian)

because how i think it happened (dont know for sure)
is the cops took all my stuff, then a myspace was made about him
he blamed it on me, people harassed me and people made fun of him at school
i went to the cop about it, myspace got deleted
then everyone cant talk to me coz of all the stuff the school told them

so im assuming his grandparents went to the school
then the school talked to the kids -- i do not know for sure
i do know the school told everyone a bunch of lies about me though
and i know he denied having sex with me and told everyone i photoshopped them
and i was a liar, ect

coz today it sucked seeing some of my old friends and not being able to talk to them
im truly upset over it, they wouldnt hate me if the school never told them lies

oh, and i can sue for my lawyer fees right?
and pics/videos of us kissing/making out is not porn right?
i dont got any anymore, but will they wipe out my memory cards?
and if i did, and i put on on my myspace, could i get in trouble for it?
sorry for the questions, im jw. coz i dont think kissing/making out is porn
since its all over the tv and in movies lol

 

[quincy]

Sorry, Schmoseph. I think I was getting confused. I went back and re-read your first thread to refresh my mind on a few things.

In the first thread, the first time you posted here, you said that you and your friend had a consensual sexual relationship (and, because of your 17 year and 18 year ages at the time, it was a sexual relationship that is considered legal in Michigan) and somehow a video of your sexual encounter wound up on MySpace. You said at the time that the video was "explicit". If it was just a video of you two kissing, that would not be considered explicit and would not be pornography or obscene. The video does, however, depict someone under the age of 18, so the content is definitely a factor in any charges brought.

You also said in your first thread that your "friend" accused you of posting the video on MySpace and he told the police that you forced him to have sex - although the video, according to the police, clearly shows it was a consensual encounter, and the video was not in your possession at the time it appeared on MySpace.

If I am correct on this, it was only after the video was aired that people at your friend's school started to ridicule him. He then filed the police report and claimed you made the video. Then the vice principal got involved and called you a "predator" and a "pedophile". These comments were spread around the school and parents started prohibiting their kids from having any contact with you and you were told to stay off school grounds. Your friend's grandparents have been very "vocal" about the whole matter, as well.

Neither you nor your friend have been charged with anything. There is no proof of rape (and I think you said your friend wasn't pressing this issue at all), there is no evidence that clearly links you to the video or its appearance on MySpace, and you are not a child predator or a pedophile under Michigan law, because having consensual sex at your age and your friend's age is legal in Michigan.

So, it is the video (which does violate the law if it was explicit and/or obscene) and the fact that your friend claimed you raped him that are the major issues waiting to be resolved. Right? And you are just waiting for the prosecutor's decision.

I hope I got all that right.

What you can do with the defamation action is have your attorney file a motion for an extension, if the SOL starts approaching. The attorney you consult should be able to tell you whether it is wiser to file a defamation action now or wait until after the police issue is resolved. In my review of the matter, the defamation suit may not have to wait until the other issue is resolved - but the attorney you see will be better able to direct you on this.

You can include in your complaint anyone and everyone who defamed you - the vice principal, your friend, the grandparents, etc. It will be difficult suing the school for defamation, I think, but again check with your attorney on this. The fact that you were banned from the grounds based on the false statements made could be a factor in whether your attorney thinks the school should be included in the suit.

Defamation suits are expensive, as I explained before, and it is not unheard of for the costs to escalate to well over $100,000 by the time a suit works its way through the court. To win any defamation action you would need to show reputational injury (some of which is assumed by the comments made about you) and, for slander, witness testimony to what was said and by whom (you have the police report to support some of the defamation), and that the comments were negligently spoken - spoken without the due care that would be used by an average person of ordinary sensibilities.

Compensatory or general damages are awarded for injury to the reputation (and this amount is determined by the court as there is no fixed amount attached to a reputation's value). There are also more definable "actual" or pecuniary damages awarded, reflecting any money lost due to the defamatory comments made (the loss of income, the loss of a job opportunity, etc). In addition, courts can award punitive damages, to "punish" those who whose defamatory comments were especially malicious - although this is not done as frequently now. Attorneys fees can be recoverable.

I am not sure what you are asking about the MySpace - if you are asking if you could get in trouble if you posted the video, that is entirely dependent on the content of the video. I certainly would avoid posting anything on MySpace from here on out.

Wait for others to post, who may have additional information for you.

 

[schmoseph01]

im not posting anything on myspace, i dont even have anything to post lol
the cops took it all, but will they erase my memory cards? or only the sex?

but youre right on pretty much everything
except before the video was put on myspace
the cops took all my videos and camera, ect
then it ended up on myspace with him saying it was me
which i honestly think he is framing me
as he is the only other person to have videos
and there were explicit videos and just making out videos

what is a motion of extension, is it like i have longer to sue?
and whats SOL?

and idc about price, i wanna clear my name up and to me
i cant put a price on that
and i can get witnesses called in right?
coz i have screenshoted many of the things that people have said to me
and idk if thatll be enough proof, so ill have to call witnesses in
and with it being 'per se' (them calling me a pedophile)
if i do win, i will get some form of money right?
i dont really care about money, i just want my name cleared up

thanks again quincy, youre always so helpful

 

[quincy]

I am not sure what the police will do with your memory cards.

Were ALL of the videos, explicit and not explicit, posted on MySpace? Or just one video? And if it was just one, was it one of the more explicit ones? I am assuming it must have been, for the police to be considering charges against you at all on this issue.

SOL is statute of limitations, which is the time you have to file a suit. For defamation, you have one year. An extension is just that - it extends the time you have to file, so that if you cannot bring the suit within the limit, the extension gives you more time to file. A motion is basically a request of the court to make a certain ruling or order. A motion for extension is asking the court to give you more time to file a defamation action.

This you should talk to your attorney about, although you still have plenty of time left before the SOL runs out, I think, from what you have posted, so an extension may not be necessary.

If you decide to file a defamation suit, you will almost certainly need to bring in witnesses to testify - as slander cases require proof that the comments you say were made were, in fact, made. Otherwise it would be you saying the principal called you a pedophile and the principal saying he didn't.

Some witnesses may be reluctant to come in and testify on their own, so your attorney may need to serve them with a summons to appear (a summons is a command to appear in court). In court, of course, they will be under oath, so they will have to tell the truth about what they heard.

As for the money part of it all, you will be spending a LOT to bring a defamation action, but if you win the suit (and there is NO guarantee EVER of winning any suit) you will be awarded damages - whatever the court feels your reputation is worth (your attorney will probably ask for a lot more than he thinks will be awarded) and whatever other damages you have shown you suffered (these losses must be documented - lost wages, lost jobs, etc). And punitive damages could, but probably won't, be awarded. Your attorney will ask for all attorney fees and court costs.

 

[schmoseph01]

ooooh, thank you so much!
yah ill get an extension if i need to then

and for the myspace from what i know
it had like 2 different videos of me and him making out
it didnt show anyone naked, no porn or anything
coz when people were harassing me about it
i did get a link to it and i did look at it to see wtf ya know
and thats all it had, but it had stuff like 'im james and 17 and im gay, ect ect'
which idk to me that isnt anything bad, he might not want the world to know
but its not like its lying, he did commit a gay act.... so whatever
i didnt make it, its gone, so whatever
but if they find out he made it and tried to blame it on me and trying to frame me
his ass better get into some trouble!

oh and i was wondering, would they search his house?
coz he had videos, and if they find videos on him/at his house
even tho its of himself, he is still 17 -- so he better get into
the same trouble as i am -- but whatever, im not worried about him
im worried about myself..

can you get a summons to appear for anyone?
coz like i said, i screenshoted the stuff they said to me
but im sure that wont be enough evidence, so ill bring them into testify

and the money part, yeah that makes sense : D
thanks again quincy

 

[quincy]

If the video just showed you and your friend being affectionate and not engaged in any explicit sexual activity, there is no child pornography charge, to my knowledge, that can be brought successfully against you. There may, however, be an invasion of privacy action possible - but this would be brought by your friend against you, and the state would not be involved. Being called gay, or being gay, is not something that would lead to criminal charges.

The prosecutor may be looking at the original police report, where your friend accused you of forcing him to have sex with you. That could lead to criminal charges, as could, as I said, a sexually-explicit video of your encounter with your friend.

You can serve a summons on anyone you need to in order to present your case in court.

I don't know if any search would have been done of your friend's house or computer.

 

[schmoseph01]

alright thanks
ill post back once something happens or whenever lol

and if nothing does ever happen
will they just tell me that and give me my stuff back?
im pretty sure something will end up happening
since i did have explicit videos on my memory cards
but him lying to the cops will help me i think
and is there anyway i can get it knocked down
from a felony to a misdemeanor
or is that unlikely?

 

[quincy]

I believe you often have to ask for the return of any items taken, after there has been some sort of resolution to the matter - although you shouldn't expect the return of the videos.

I am sure your attorney will try to get any felony charges brought reduced to misdemeanors, but whether he/she will have any success with that is anyone's guess.

There are a lot of unknowns, still, with your situation. A prosecutor is not going to want to bring a case that there is little chance of winning a conviction on (except, perhaps, in Oakland County - where I believe the conviction rate on cases brought is around 35%, if memory serves me - it may be 55%, but that is still a dismal and disturbing amount of cases brought without enough evidence to convict).

And please do post back with any updates. It might help if you used this thread for any updates, instead of starting a new one, so that the entire situation does not have to be reviewed again for the benefit of any of the other forum members who may wish to respond.

Good luck, once again, and hang in there. Eventually this will all be resolved.

 

[schmoseph01]

still nothing has happened =/

just living life, working, im 19 now
hanging out, enjoying summer