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Can I sue someone that falsely accused me of rape for defamation of character?
Recently, I was falsely accused of rape by a girl that I knew from my college class. She later admitted that her accusation was false and dropped all the charges. Meanwhile, I lost my work study job at the campus library after everyone heard the accusations and I’ve been having a hard time paying for my tuition and expenses without a job. I read about defamation of character lawsuits. Is defamation for falsely accusing of rape something I could sue her for?
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Answers (1)
You may have a legitimate claim for defamation of character depending upon the circumstances of her accusation. While defamation of character is governed on a state-by-state basis and you will need to check the rules of your state, accusing an individual of a crime is often considered “defamation per se.” This means that you would not have to prove that the statements were defamatory, you would only have to prove that she in fact made the statements. You could potentially win a verdict for the actual damages you suffered, such as the loss of your income, as well as additional damages for your pain and suffering. You should speak with an experienced personal injury attorney in your area, since defamation of character is a personal injury or tort action. Make sure that the personal injury lawyer you speak to has experience with libel and slander cases.
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Posted by Christy Rakoczy on 16 Apr 2010
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(3 Votes)