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Slander and Defamation - Part II

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NiceGuyinMich

Junior Member
What is the name of your state? Michigan

Gee thanks Senior Judge, that was some great advice. I thought this was a actual helpful site, my mistake. I'll just try calling an attorney
 


saw192837

Junior Member
Someone closed the other thread. . .

The other post satirically discouraging you to proceed is true but said harshly.

First, good news for your case. Libel or Slander can be regular, or per se. If defamation is per se, you are entitled to automatic damages without having to prove specific harm (such as proving you got fired from a job). Defamation per se is committed by telling others you have committed a crime, hurt your business, or have a loathsome disease. Since she accused you of rape, that would qualify as slander per se. I am assuming everything you said was true, she appears to lack any moral or ladylike quality and is now accusing others of crimes to pretend she is still virginal.

The bad news: It is not enough to be a false statement, but she must know it is false as well (or she must be recklessly or negligently saying it). It is conceivable she actually thinks she was harmed, females being paranoid because of their physical weakness. If so it is hard to prove that she doesn't actually believe she was wronged, and hard to prove she wasn't reckless, since she did wake up in that situation, and probably thinks it was good of an opportunity for a male to miss his chance.

Worse, she hasn't harmed you enough yet to justify your suit (See the original reply to your old post). Getting you kicked out of a bar isn't enough to make it worthwhile. However if she appeared at your job with a giant sign calling you a criminal, then you got fired, you would then have a case against her.

Also, it isn't necessary to lose $20,000 and 3 years to sue someone. You can sue and get an injunction which restricts the defamer on what she can say (so called gag-order). If she keeps accusing you, she would be fined and held in contempt of court. Note that this is rare and courts dont like to restrict free speech.

As to this site, yeah, the quality of discourse is very low. I am only using it for practice in learning legal principles. Try http://community.lawyers.com/ next time
 
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Quaere

Member
Saw, much of the information in your post was accurate, but there is one major error.

I’ll give you a hint: The state of mind or the belief held by a person who has published a defamatory statement, is relevant only during what part of the trial?
 

BelizeBreeze

Senior Member
Quaere said:
Saw, much of the information in your post was accurate, but there is one major error.

I’ll give you a hint: The state of mind or the belief held by a person who has published a defamatory statement, is relevant only during what part of the trial?
This "Case" will never get to that point.
 

NiceGuyinMich

Junior Member
Thanks Saw 192, it's nice to know there are other "normal" people out there. Not just people looking to get kicks on here by ridiculing people who post for advice.

Actually, last night I met with the Manager of the bar and we had a meeting with the Bartender and the "Slanderer". She admitted she had lied about it because she just doesn't like me and she is no longer allowed on the premises and he (the bartender) quit because of it. She also gave me a rather large account at the bar to show there were no hard feelings.

I guess justice was served but I am amazed at what some women will do when they think they can get away with it.
 

NiceGuyinMich

Junior Member
My apologies to all the women out there that may be reading this.

I should have said in my last post that I am amazed at what some "people" will do when they think they can get away with it. (not just women)
 

seniorjudge

Senior Member
NiceGuyinMich said:
...She also gave me a rather large account at the bar to show there were no hard feelings....

Okay, I take back the part about "...find some place else to drink...."
 
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