Slander lawsuit?

[lifeisshort101]

What is the name of your state? Alaska

My son's ex-girlfriend has told my son that I had sex with her. She proceeded to file a stalking order against me which was denied for lack of evidence. She swore under oath in court about her sexual encounter with me which is absolutely false. Is this grounds for me to sue her for slander? This has caused strain in my relationship with my son and stress in the family. I am mostly interested in the formal retraction of her statements. This is an absolute outrage.What is the name of your state?

 

[quincy]

What your son's ex-girlfriend said is certainly slanderous if untrue, and injury to your reputation is assumed, which allows for damages in a defamation action. If her allegations were made inside a courtroom only, however, you would be unable to bring suit, as everything said inside a courtroom during a hearing is privileged. If her allegations were made outside of the courtroom to at least one other person, though, you have the basis for a defamation suit against her.

There are problems bringing suit, however.

This ex-girlfriend apparently did not have enough evidence against you to warrant the issuing of a stalking order. Was there ever any evidence presented about the sex?
If she does not have any way to prove you two had sex, do you have any way to prove you didn't?

Without any proof to back up either her claims or yours, any defamation suit you brought against her would be a he-said/she-said matter. Without any way to prove you didn't have sex with her, and without her being able to prove you did have sex with her, your chances of winning any suit would be 50-50, at best. You may have a difficult time getting a retraction, or winning a defamation suit under these circumstances.

You should check with an Alaskan attorney who can advise you better.