Does anybody know what California Law states the accuser bears the burden of proof?

Question

A psychologist that I had seen for anxiety and depression telephoned the police and my employer and informed them that I had stated to him that It was my intent to kill somebody or some people. I know why he said this? Because in his office I relayed to him that I now know why people "go postal", that I now know why people commit suicide, etc. I never told him that I was a prior Correctional Officer. Prior to leaving his office I stated "f-u". I never said " I " would do that. I am now on Social Security for the rest of my life due to this damage at age 47. I am labled armed and dangerous...forever. I was arrested but not convicted. A felony arrest record stays with you forever...even after you die. Naturally I lost my Job. No lawyers are interested in this case. They say it is my word against his...his word against mine. I know...at least I believe I know that there must be a civil law out there that shifts the burden of proof upon the accuser. PLEASE HELP...INTELLIGENT PUBLIC.

Answer 1

Primarily that is determined by Case Law. It is NOT a statute. It also depends on what you are suing them for, perhaps Intentional Infliction of Emotional Distress (which would place the burden of proof solely on you, the plaintiff). Quite frankly, I don't see a real basis for a suit on your part, at least not from what you've stated. It really is your word against your therapist's. Also, as much as I hate to say this, money motivates many lawyers (not all, or even the majority!) You are not likely to win a suit against him/her, from the facts stated above. First, you have no witnesses and no other corroboration. Second, your therapist may easily have been acting under his own professional responsibility. Those are the primary reasons you'd lose. I'm sorry for your loss, and I'm sure it's difficult. Unfortunately, in the case you describe there is no burden for the defendant for proof. Generally speaking, the most common ways to shift that burden are through something called "res ipsa loquitor", which does NOT apply in your case, and when the defendant asserts an "affirmative defense", which he or she would not do in your case. I wish you the best.

Answer 2

Shifts the burden of proof onto the accuser? If that wasn`t already the case then you better get yourself a lawyer and fast. In the constitution it says that people are "innocent until proven guilty." Maybe I misunderstood the question, but if I didn`t then someone is taking away your constitutional rights.

Answer 3

Sometimes you can get an arrest record expunged if it doesn't lead to conviction. See a good lawyer or put Expungement Of Records on Google and see what you get.