My ex was convicted of burglary of a habitat with intent to commit rape. He was convicted. HIs new girlfriend, mother of his child came to my house and asked me about it. I told her the truth. Now he has a lawyer sending me a threatening letter saying I am slandering his good name. I did not know that telling the truth was slander. And she did come to my home
2006-11-30 15:54:32 · 13 answers · asked by sunniladi 1 in Politics & Government ➔ Law & Ethics
Nope its not slander
According to a legal definition (the website link on the bottom)
Slander is,
oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements, such as an untrue accusation of having committed a crime, having a loathsome disease or being unable to perform one's occupation, are treated as slander per se since the harm and malice are obvious and therefore usually result in general and even punitive damage recovery by the person harmed. Words spoken over the air on television or radio are treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as much as if not more than printed publications.
2006-11-30 16:05:16 · answer #1 · answered by pululu81 4 · 0⤊ 0⤋
The conviction is a matter of public record and is therefore not slander. Send his lawyer a copy of the public records of his convicton and pose this question. What slander? What good name? If he had a leg to stand on why hasn't a law suit been filed?
I find it rather curious though why any competent lawyer would bother with a threatening letter. Is this lawyer even a real lawyer. Things are not always what they seem. Research is the key.
2006-11-30 16:40:02 · answer #2 · answered by ikeman32 6 · 0⤊ 0⤋
No, how can it be slander when you are telling the truth.
This is slander by definition:
"slander:
Noun
1. Law Oral communication of false statements injurious to a person's reputation. 2. A false and malicious statement or report about someone.
Verb
Inflected forms: slan·dered, slan·der·ing, slan·ders
Verb
tr. To utter a slander about. See Synonyms at malign."
And how could his name possibly be good if he tried to commit RAPE???
No, i must say you are in the clear on this one.
Maybe you should get a lawyer to defend yourself in this case, just to be safe. You don't want to be proven guilty, when you're really innocent.
2006-11-30 16:06:03 · answer #3 · answered by missxkitten@verizon.net 1 · 0⤊ 0⤋
This is exactly the freedom we should have to speak our mind. When you respond to a question with the truth who cares bring it on. Get paid to voice your opinion in court. I think the truth trumps slander. But my real advice is as hard as it is steer clear of relationships with EX people in your life. Court is for people who can not work it out and have thing to hide. Just thinking now and was the New girl friend the one who he raped? Did he get her pegnant the first time?
2006-11-30 16:07:26 · answer #4 · answered by Pablo 6 · 0⤊ 0⤋
A statement CANNOT be slander if it is true. If he was actually convicted of the crime (and not merely tried) then your statement to her CANNOT, by law, be considered slander. Slander must be: 1. false 2. said with malice (intent to harm another's good name or reputation.)
2006-11-30 16:03:37 · answer #5 · answered by Mr. Curious 6 · 0⤊ 0⤋
Generally speaking, no it does not sound like slander. I get the feeling there is a bit more going on here. I urge you to see an attorney. Also, you might wish to get a copy of his conviction (and yes, it's public record!) and send it to his attorney. That should stop the problem.
2006-11-30 16:00:55 · answer #6 · answered by cyanne2ak 7 · 1⤊ 0⤋
I think you will be ok, slander is not slander if it is true. I think. I think that if it does go to court thye will have the records of his conviction and charges will be dropped. Hope that helps. I'm not a lawyer though.
2006-11-30 15:57:34 · answer #7 · answered by rolandofgileadiscool 3 · 0⤊ 1⤋
No, she asked for the truth and you told her. its good that you did tell especially with a child around and he tried to commit rape. and you should get a lawyer of your own and tell him/her that he sent a threatening letter.
2006-11-30 15:57:45 · answer #8 · answered by Mandy 2 · 1⤊ 1⤋
If you are telling the truth, then it's NOT slander.
2006-11-30 16:14:50 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I believe you are safe from any lawsuit..
Yes, you can be sued for slander even if it is the truth but
your situation isn't really one that fits the requirements...
2006-11-30 16:02:00 · answer #10 · answered by Anonymous · 0⤊ 1⤋