Is this defamation?

[VALL]

What is the name of your state? VA
I have a 13 year old daughter who is being badly talked about by a former "boyfriend". I use the word boyfriend lightly because of her age. I do not allow her to date,and only let her see male friends in my presence or in the presence of a responsible adult. This ex "friend" has been telling other children at school that my daughter is sexually active, something I know to be untrue. She and I both feel her good reputation has been ruined because of this child. Not only has he made statements,but so has his mother.Apparently she's a bit disgruntled because I would no longer let my daughter be around her son. This has caused my daughter much grief,as now alot of the other kids are talking about her also.IS this defamation of character? And if so, any suggestions? Thanks in advance.

 

[BelizeBreeze]

What is the name of your state? VA
I have a 13 year old daughter who is being badly talked about by a former "boyfriend". I use the word boyfriend lightly because of her age. I do not allow her to date,and only let her see male friends in my presence or in the presence of a responsible adult. This ex "friend" has been telling other children at school that my daughter is sexually active, something I know to be untrue. She and I both feel her good reputation has been ruined because of this child. Not only has he made statements,but so has his mother.Apparently she's a bit disgruntled because I would no longer let my daughter be around her son. This has caused my daughter much grief,as now alot of the other kids are talking about her also.IS this defamation of character? And if so, any suggestions? Thanks in advance.

Opinion is not actionable. ANd your little angel has suffered no recoverable damages.

 

[VALL]

Thanks, I think. It was my understanding that there need not be financial loss to claim defamation. Mental anguish can be enough...? I'm not looking for restitution here, I just want this to stop. And,by the way.. he was not stating his "opinion", he was saying that there were actual "acts". I know there's a difference.

 

[BelizeBreeze]

Thanks, I think. It was my understanding that there need not be financial loss to claim defamation. Mental anguish can be enough...? I'm not looking for restitution here, I just want this to stop. And,by the way.. he was not stating his "opinion", he was saying that there were actual "acts". I know there's a difference.

What you are talking about is 'libel per se' and yes, it can be recovered by not in your situation. Your child does not have a reputation that can be harmed (in the strict legal sense) by these outbursts.