Need legal advice....serious accusations?

Question

A group of friends and I were accused of rape. The accusations were extremely untrue and the girl that made them came clean 3 days later. But the damage has been done. Investigators came to my work place and asked for my DNA infront of my boss. An article was printed in our local paper that reported that there were quote RUMORS that a group was arrested for ashaulting a young women. There were not arrest and the paper did not even have a police report. How can any responsible journalist write that article? My friends mother is being harrassed at work and I get dirty looks everywhere I go. So I'm wondering if it is legal for our paper to report such rumors. We plan on fileing suit against the girl, and the paper if possible. you really can't imagin the humiliation we've had to go through so any advice will really be appreicated.

Answer 1

You can sue her, but remember, you can't get blood out of a turnip. In other words if she has nothing, you get nothing other than the right to file suite. So is the time and effort worth filing suit? You will have to be the judge on that one.

Answer 2

Was your name mentioned? If not, you don't have a case. The problem is that if the paper didn't print the information, and it turned out that there was a rape, the reporter would be accused of covering up a dangerous crime. I would say that the investigator were out of line, but not the journalist, as long as he didn't identify the people who were rumored to be responsible. I'm sorry, though, that you had to go through this.

Answer 3

For the sake of argument... First, the police acted properly on a charge, and the newspaper reported a matter of public record. Strange, though, that investigators would conduct an interrogation (such as asking for DNA) in a public place.

So, it turns out not to be true. First, I'd be pushing HARD to have the girl charged with swearing out a false report. I'd further make sure that IT also was published in the newspaper. Then, regardless of her conviction, I'd get an attorney and sue her for defamation since it was patently untrue AND I could prove damage to my reputation.

Of course, if the girl (most likely) doesn't have anything to sue out of her, then you'll be out more money for your attorney and court costs, but you'll have satisfaction.

Answer 4

MIchael, i'm so sorry that crap is happening to you and your friends. I feel that the punishment for lying about such a horrible nasty crime should be almost as severe as it is for somebody who actually does carry out a rape. As you've seen, being proved innocent is only one side of the coin, as there are always going to be those who will always believe that you are guilty. It's a horrific situation to be in, and I couldn't even begin to imagine how I would feel if I was in your shoes.

Now, the media.
My friend, they do NOT care one iota about your guilt or innocence, as you are just a story....that's it. It matters nothing to the reporter that you have a life, friends, family, a career, all he (or she) is interested in is the gossip, nothing else matters.
They can't report a story such as yours as fact, as that would land them in a libelous legal situation, so they instead use the "rumor" angle from which to present the story. It works in their favor every time, as they are pretty much causing you the same damage as they would by announcing your "guilt" in big bold red letters.....only they can shield themselves from any legal action from you by simply saying "But we didn't say he was guilty, we just repeated a rumor".
It sucks my friend, but that's the media for you. I used to work for a maintenance company that serviced one of the biggest newspaper companies in Britain, and I saw this crap all the time.

Answer 5

The paper has a right to print the news as soon as it gets it; it's really an internal matter on whether or not their editors are responsible in their fact-checking
As for the girl, you should definitely sue her. I can't imagine the hassles you've had to go through and there have to be consequences for people that falsely accuse other people of crimes as heinous as rape.

Answer 6

commonly particular. a private organization can refuse service to anybody, besides the indisputable fact that there are countless civil liberty protections against racial or comparable subject concerns. If individual B can coach that individual A has made fake accusations then individual B has a sturdy hazard in courtroom. individual B might prefer to look for suggestion from an legal expert. own suggestion to individual B enable it pass it is not very well worth the difficulty, the night club will maximum possibly close and a clean one take its place earlier the case got here to courtroom. additionally there are billions of alternative human beings on planet it is going to be genuine elementary to circumvent individual A. ultimate for individual B to motivate friends CDEFG... to pass to night club B

Answer 7

You can't possibly have a case against the paper unless they used your name. Even then, reporting that you were SUSPECTED of rape was TRUE. If you were actually asked for DNA in front of your boss, you MAY have a case against the officers that asked. Even with a warrant, they should have been more discreet.

Answer 8

You need an attorney.

Your case as described is not all tha diffent from the early stages of the Duke lacrosse fiasco, if it is as described.

Anyway, just because the girl recanted, doesn't mean the cops are through investigating yet...

Answer 9

go see a lawyer and tell him/her...you won't get legal advice here...people like her need to be locked up....f*kin jail bait...they make me wanna vomit...get your name cleared then put up flyer's with her picture on telling guys to steer clear because she cries rape....so go see a lawyer asap...plus this should not have even been put in the papers yet, there was no court case...she needs to be name and shamed he dirty rotten cow i hate women who do that.....someone did it to my son and was overheard telling one of his friends how easy it was to get a guy put in jail, none of it was true of course because she admitted it in the end....she got hers...they are low life scum and should be punished...he went through hell and back because of that piece of scum.....

Answer 10

Its legal but you can probably sue the girl for slander, as with the paper.