What Are False Accusations and What to Do?

What is a false accusation? You may have heard of the stories recently like the Kavanaugh vs. Ford case or the story of a Teenager living in Texas who lied about being raped by three black men. In recent years, false allegations against men and women have increased. When faced with being a victim of a false claim, it is important to understand what to do and who to go to go to. A simple understanding of the process combined with a helpful criminal or sex crimes defense attorney can help save your reputation, your bank account, and your family.

Can you sue for defamation?

For those who don't know, defamation is the act of making a false claim against someone that injures or damages their reputation. Typically, in court, they decide the intent based on the competing interests of the right of speech by the defamer with what reputation is of interest. There are two different versions of defamations: libel and slander. Libel is any defamation that is in writing and slander is oral. However, with the usage of the internet, it has become increasingly difficult to tell the difference.

Elements must be proven to establish defamation.

In order to even prove defamation a few legal elements must be taken into account. The defamatory statement must be communicated to another person like a third party, someone else other than the one being defamed. The statement must be of fact and not of opinion. Anything that is brought to the court's eyes must be backed by evidence. Gossip will not fly in a defamation claim. The damage and losses that occurred due to the defamation and the status of the victim.

In the world of the internet even owners of websites or blogs can be held liable for defamation by comments made by others on their own website. The reason for this is because the owner is initially responsible for publishing others content.

What is malicious prosecution or abuse of process?

Though they work similarly they have their differences. In order for "abuse of process" to occur there must be an existence of an ulterior motive in going to the legal process and an act of prosecution that isn't regular.

Malicious prosecution is close, but require the plaintiff to prove different things. If the plaintiff continues pursuing legal action without a probable cause, this too could signify a malicious prosecution. For example, giving out a search warrant where one wasn't needed or without any cause could enough enable this lawsuit.

Speak with a local professional.

At the end of the day, we are not all legally inclined to understand these differences. It becomes even more important to hire someone or speak to someone that has experience in this field. An attorney in your area that is best suited for these cases would be a criminal defense or sex crimes defense lawyer depending on which side of the law you are on. It can be so frustrating to know that someone is abusing the power of the law and finding ways to undercut you for other reasons than breaking the law. Most attorneys provide free consultations and will speak for no charge.