My friend's spouse had him arrested and thrown in jail for allegidly sexually assaulting his 17 yr old stepdaughter, (the wife wanted all the money from a modest inheritance, and he wanted to pay bills first.) Of course, he used the rest of his inheritance to pay a hefty fee to a highly recommended lawyer. He was realeased from jail fairly quickly as the woman couldn't keep her story straight, and there was no proof at all, so he was charged w/ plain old assault and released. They have since divorced, and even tho the state had to persue the case, it looks like they are finally going to drop all charges because there's no evidence of a crime on his part. She's actually looking very perjurous.
So, can he counter sue to try to recover part of the $8,000 spent on lawyers? Would he have to do it in civil court? What would he claim; slander and libel? Since he's got no more $$$, how much would this cost, and how does it work?
What sort of lawyer would he need?
2007-08-26 04:17:19 · 7 answers · asked by Chiere 4 in Family & Relationships ➔ Marriage & Divorce
There is no medical report. She can't even stick to a date, or 5. This has been going on for half a year. If she had it, she would have produced it.
2007-08-26 04:59:14 · update #1
Sexual assault is a felony.
If she openly accused him of a felony, this would seem to be per se defamation (slander if verbal, libel if not).
In some jurisdictions, one can sue for per se defamation without having to show actual damages. He has $8,000 in damages as it is.
He needs a tort lawyer. The wildly inconsistent stories (can't pick a date? Wow!) should be good. She would be shredded on the stand.
2007-08-26 04:23:25 · answer #1 · answered by Bill 6 · 2⤊ 0⤋
Sue her for defamation of character,slander and libel. Since he has no money he can try legalaid otherwise he may have to sue her in small claim court for alot less but its a whole lot cheaper too.
2007-08-26 04:22:46 · answer #2 · answered by Arthur W 7 · 1⤊ 0⤋
I think it best that he talk to a lawyer....I personally think he should counter sue....for slander and libel...but I am not experienced with he law and don't know if he has a legitimate claim....She should be charged with perjury.
2007-08-26 04:22:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It's possible. A lawyer won't touch it without $$$$ in advance. Small claims may be the best solution.
2007-08-26 04:27:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can't sue to recover lawyer fees. You can sue for damages.
2007-08-26 04:21:51 · answer #5 · answered by ? 7 · 0⤊ 0⤋
He can sue for false arrest and all charges he incurred because of that.
2007-08-26 05:43:03 · answer #6 · answered by chris d 3 · 0⤊ 0⤋
Wait till she pulls out the medical report!!! ha ha ha !!!
2007-08-26 04:35:47 · answer #7 · answered by quen 5 · 0⤊ 0⤋