slander? libel? sexual harassment as a non-employee of government facility

[brap]

What is the name of your state? Virginia

My girlfriend is attending a drug rehabilitation government facility in Virginia. As part of the program they not only work with helping with addiction, but correcting what they consider bad personality traits or habits. My girlfriend is an attractive 25 year old woman who has in the past gotten unwanted attention because of her looks. She once got a job partially based on her qualifications and partially based on how attractive she looked (this was made known to her from the former company). While in drug rehab incidents have occured where men in the program have inappropriately said things or written her letters. She took these letters and comments to her counsler, the person in care of her while she was there.

To make a long story short, the assistant director of the facility accused her of causing the situation and called her a prosititute and forced her to admit she was a 'prostitute' because she uses her looks to get what she wants (once again this is not true). Because this was a person of authority in the facility she is attending she felt she had no option but to agree with him even thought she was not or has ever been a prostitute for fear of punishment (they would claim she is not improving since she is not willing to admit the truth). I have since looked up the definition of 'prostitute' in Virginia law and from what I can tell it involves trading sex for money, something my girlfriend has never done or ever been accused of. Sexual harrassment laws seem to fit except they only refer to the work place and she is not an employee of the facility.

I feel it is in appropriate for this kind of comment to be made by someone who is suppose to be in charge and in care of her and am writing a letter of complaint to those who run the facility. I want to get my facts right. Everything I have looked up on sexual harrassment seems to involve employment so I'm not sure where this comment falls in place. She is not an employee, she is a client/resident of a government facility seeking treatment.

Can it be considered sexual harrassment? Is it libel or slander? I do not intend to actually bring this to court, but want to get my facts straight before sending the letter of complaint.

If anyone can point me to references where this may be considered harrassment/libel/slander it would be greatly appriciated. I'm currently searching the Code of Virginia to figure out where this fits in, but I am not a lawyer and may not be searching in the right places.

Thank you for your time.

Ryan

 

[cbg]

This is between your girlfriend and the facility. Any action taken, including letters of complaint, need to be handled by her and not by you. If you insert yourself into the situation you may only make it worse for her. You have no legal standing to participate.

 

[brap]

What if I were to arm her with the facts so that she can then defend herself? Currently she does not have access to any information which may help her. Furthermore she is in fear of reprisal if she files a complaint herself. They have claimed that she is not taking her rehabilitation seriously and threatened her with long term care over this once. So understandably she is unsure of what to do. However I don't feel this justifies her having to take accusations of being a prostitute when she has never done such a thing. She is aware I am researching the situation for her, I am not doing this without her knowledege.

Thank You,
Ryan

 

[cbg]

By all means provide her with all the information you like, but stay out of it yourself.

 

[brap]

CBG,

Thank you for your help, after taking it into consideration I do agree that I should not do more than give her the facts and let her fight her own fight, however I will encourage her to file a complaint as I am not one to sit and take false accusations lightly.

With that said I have found two important laws in the Virginia code:

§ 18.2-417. Slander and libel.

Any person who shall falsely utter and speak, or falsely write and publish, of and concerning any female of chaste character, any words derogatory of such female's character for virtue and chastity, or imputing to such female acts not virtuous and chaste, or who shall falsely utter and speak, or falsely write and publish, of and concerning another person, any words which from their usual construction and common acceptation are construed as insults and tend to violence and breach of the peace or shall use grossly insulting language to any female of good character or reputation, shall be guilty of a Class 3 misdemeanor.

The defendant shall be entitled to prove upon trial in mitigation of the punishment, the provocation which induced the libelous or slanderous words, or any other fact or circumstance tending to disprove malice, or lessen the criminality of the offense.

-----------------------

§ 18.2-346. Being a prostitute or prostitution.

A. Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of § 18.2-361, or offers to commit adultery, fornication or any act in violation of § 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor.

B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.

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Those two should prove that using physical beauty to get something (whether or not it really happened) is not prostitution. The act of accusing someone of being a prostitute and forcing them to 'admit' they are a prostitute is slander and libel as according to Virginia law.

Please someone correct me if I'm mis-interpreting the laws.

Thank You,
Ryan

 

[cbg]

There's an important element in your defamation cases that you are overlooking, and that is that there has been no publication. Anything that is said in a conversation solely between your girlfriend and the director is not considered "spoken or published" as far as any kind of defamation claim is concerned. The director would have to have made such a statement to a third party before there is any defamation involved.

 

[brap]

When you refer to a third party, do you mean it is made publicly as in a news source/published on the internet, or can a third participant count as part of the conversation? The assistant director made the comment, and from what I understand her counselor that has been assigned to her care was part of the conversation as well, although I will have to verify this when I speak to her again.

I realize that it may seem that I am making a big deal over a comment that may not seem like a big deal. But there have been other situations going on in which it seems the persons running the facility are not acting in a manner befitting or conducive to her rehabilitation. The comment has really bothered her and she feels as that no one takes her seriously. Not only that but they have told her that she needs to stand up to men who say inappropriate things to her. This is the reason I am encouraging her to stand up for herself and file a complaint.

Once again, I doubt this warrants any kind of legal action though I am not a lawyer. I do however want to make sure that when she files the complaint that she is armed with a solid argument.

Ryan

 

[cbg]

While it does not have to be a publication such as a newspaper, a third party who is also a member of the same facility and is also involved in your girlfriend's rehab is not going to count either.

 

[brap]

CBG,

Thanks again for your response. Since it seems that legally defamation did not occur since it was not publicized, is there any other argument that anyone can think of to stand her ground? I find it hard to believe that someone can make false accusations that could affect how she lives her life for the next year and there can not be any kind of recourse for doing so, especially when the person is in a position of power within the facility. I am not a lawyer, and maybe there is no defense for such a situation, but if there is I would like to research it further.

Thank You,
Ryan

 

[quincy]

The assistant director's comments were definitely defamatory, however cbg is right that the comments must be communicated to at least one other person besides the person "defamed" in order for it to be actionable. The counselor could be considered a third person if the assistant director's remarks were not made in a "privileged" setting. If, for instance, the counselor were to spread it around that your friend is a prostitute, or that the assistant director says she is a prostitute, then your friend has legitimate grounds for a defamation action. With words like "prostitute", a certain amount of injury to the reputation is assumed and damages do not have to be proved to be awarded.

The situation as you describe it, however, does not seem to indicate grounds for a defamation suit. It does warrant a talk with the director of the facility, though. The director should be made aware of the remarks made by the assistant director, he should be made aware that they were made in front of the counselor, and he should be informed of the inappropriate letters received by your friend. Drug recovery programs are generally designed to help people build strength and self-esteem to the point where drugs are no longer needed as an escape mechanism from real life.