Privilege for slander and libel

[JPG]

I am suing a woman (R) for slander. She was the only witness for her best friend (H) who accused me, her former therapist, of having sex with her. She (R) testified that she was never a patient, but that when she came to my office I made an “unwanted sexual advance” toward her. H. wrote letters to my landlord, etc., (I am suing H. for libel) stating that R was a patient of mine and that I made an unwanted sexual advance toward her (R).

I did not make any sexual overtures toward R and thought that I proved that to the judges satisfaction. R certainly was never a patient.

R’s counsel is demurring saying that it is irrelevant that she was not a patient. And, that R’s statement as published by H is privileged because it occurred in a judicial proceeding, Calif CC PP47. Although the letters was written and R’s statement was reaffirmed to H after the Adm. Hearing, because I appealed the decision, after R reaffirmed the patient/sexual advance statement, they are claiming privilege.

Question: is R’s blatant, provable lie privileged? ( R swore she was never a patient)

Question: is H’s written lie that R was a client privileged. (H was in court when R swore she was never a patient)

Jim

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

In court statements are considered privileged because if they weren't, anyone and everyone would fear prosecution if they took the stand and offered their testimony.

There are other side methods of civilly suing these people: but your case would have to be decided in your favor. If the letter was written outside of court proceedings, I would think that WOULD be actionable as libel, even if it was made in anticipation of court.

Try talking to an attorney in this area of law. Or here's a different approach: contact your local law school that is American Bar Association approved and ask a constitutional law or torts professor.

Hope this helps.