My work have investigated and dont have enough evidence to do anything but i have launched criminal proceedings although the police have said they also may not have enough evidence - can he sue me for defamation of character if theres not enough to prove he did do it?
2006-12-12 07:19:47 · 19 answers · asked by Jolene 1 in Politics & Government ➔ Law & Ethics
yes, he can...law sucks sometimes
2006-12-12 07:35:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In sexual assault cases generally, the offending parties are guilty until proven innocent. this is the only such case in British law. So unless you plan to take out a full page add in the National press and castigate the person concerned Libel is the least of your worries here.
If you have pressed charges and an investigation is ongoing then let that investigation unfold. Perverts who persue people at work are usually serial characters and I am sure others will have similar stories to tell of there antics. Setting and proving a potential for an assault is easier to do than to prove a single case.
Good luck and stay strong.
2006-12-12 07:30:14 · answer #2 · answered by Kevin 2 · 0⤊ 0⤋
No--he can't. It's a classic he said-she said. YOU can't bring criminal charges---only the State can. There is a huge difference in them not having enough proof to go forward with charges and you being a liar. If they think you are not truthful, the STATE can get you for filing a false police report. It doesn't sound like that's what's going on here.
Statements made in court can't be the basis of a defamation suit. And though anyone can sue you personally for just about reason, he's gonna have to show that you maliciously and knowing LIED--how's he gonna do that? So, while I suppose he MIGHT sue you when all si said and done, he won't win. And he'll probably have to pay your attorney's fees.......
2006-12-12 07:37:04 · answer #3 · answered by kathylouisehall 4 · 0⤊ 0⤋
The elements of Libel are a false statement in some recorded form, made with the knowledge that it was false, communicated to a third person who understands it. Understand,please that there are two different standards used in the courts, which are
preponderance of the evidence, in a civil case, and beyond a
reasonable doubt, which is the criminal standard. To prevail,he
would have to show the above elements to a preponderance of the evidence, or in other words, more likely than not his allegation was true. Remember that in most cases, Rape Shield statutes
limit evidence of the victims past conduct in such cases, but there are of course exceptions, which I wont go into without further knowlege of the facts, because they may of not apply.
2006-12-12 07:50:35 · answer #4 · answered by Jeffrey V 4 · 0⤊ 0⤋
Libel is something false that has been written about another. Slander is something false that has been said about another. Are you sure libel is your concern?
Under our justice system a defendant is considered innocent until PROVEN guilty. If you don't have any evidence of the crime, then he is not guilty. I doubt he will sue you for defamation of character considering that even without DNA evidence there is still the "he said, she said" factor at play... he doesn't know who a jury or the public is more likely to believe. Most men wouldn't want to have this scenario play out so I would say you're safe.
In the future, you want to make sure all your dealings with him are public with plenty of witnesses. I'm sure you know not to be alone with him without a recording of the event (to be legal, make sure he knows it is being recorded!).
Just as he is innocent until proven guilty, he will have to prove that you willfully defamed him for no reason... doubtful he can do that!!
2006-12-12 07:36:21 · answer #5 · answered by Goose&Tonic 6 · 0⤊ 0⤋
For him to win a defamation case, he has to prove that you made public statements KNOWING they were false & without merit AND that you did it with INTENT to harm him or his reputation WITH MALICE.
I can hardly believe any reasonable person on a jury would decide that you chose to go to your employer & the police to report a sexual assault against this guy UNLESS it really happened. How would you GAIN anything by exposing this jerk? Why would you want to endure all the probing & personal questions if not to protect yourself and others from future assaults?
It's a shame that all crimes don't come inside nice tidy packages of solid undeniable evidence. This is not TV. Not all muggings end up with broken bones, not all thefts leave a clear trail to the "fence" who bought stolen goods. It happens.
All you can do is stand up on Principle. Don't let this guy scare you w/ a conjured up lawsuit. Remind the jerk that if he pursues defamation, you are legally able to defend yourself by proving it is the truth. Will he want a court of law to weigh in on HIS motive, his behavior toward you. Will his family enjoy hearing what he did to you??
Hold your head up. He's scum, not you.
2006-12-12 07:44:17 · answer #6 · answered by upside down 4 · 0⤊ 0⤋
There would be nothing to stop anyone launching a defamation of character suit against anyone if they felt their character had been defamed.
However you could launch a counter defamation of character suit against him as he would be effectively be accusing you of being a liar.
It must be very galling for you to have complained to your bosses and the police and be told there is insufficient evidence - It must have taken a lot of bravery to report it on your part in the first place.
Have you seen a solicitor? Perhaps there is one who feels strongly enough on your behalf to take up your case pro bono (free of charge).
2006-12-12 07:44:18 · answer #7 · answered by Wantstohelpu 3 · 0⤊ 0⤋
If the firm and the Police think there is not enough evidence for you to proceed, you are on a loser, you can only shame him by calling him a pervert or paedophile and letting all the work force know your situation, at least you can warn all the ladies in the place of work what he is like, I am sure by you going to the management that they now know of him.
2006-12-12 07:37:48 · answer #8 · answered by john r 4 · 0⤊ 0⤋
Never ever be afraid to do what is right. You may very well be helping someone eles in the future by doing what you are. You are very brave. Talk to your member of parliment and do what you have to do to feel safe, perhaps you should sue your company for allowing this to happen to you.... good luck hun
2006-12-12 07:28:47 · answer #9 · answered by sunflower932002 2 · 0⤊ 0⤋
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2006-12-12 08:48:55 · answer #10 · answered by Anonymous · 0⤊ 0⤋
No he has to be able to prove you did it for negative purposes. If you want to prove he did it strap a recorder in your pocket and ask him how he could act like that. Make sure no one is around more than likely (because 99.9% of criminals are idiots) he will say something incriminating.
2006-12-12 07:25:27 · answer #11 · answered by silentevil92684 2 · 3⤊ 0⤋