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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There are the two main types of defamation cases: libel and slander. Both involve harmful, false statements that cause damage someone’s reputation, but libel requires that the statement be in writing or somehow “published.” With slander, all that is required is that the defamatory statement be spoken to a third party (someone other than you).
In many cases, damages (the harm you suffered) are handled differently depending on whether the statement at issue is considered libel or slander. From your question, it isn’t clear whether the accusations were spoken or made in writing. But in your case, it may not matter much, because under defamation laws in most states, falsely accusing someone of having committed a crime is considered “defamatory per se” or “actionable per se.” That means harm is taken as a given in the eyes of the law, and harm to your reputation is presumed.
Depending on your state’s laws, you may only need to show that the young woman made the statements, and that the statements were false. This isn’t usually all that easy, but it sounds like you may have some type of record of her declaring the falsity of the accusations. (Learn more about proving harm in a defamation case.)
Again, depending on your state’s laws, the young woman might be liable for any resulting actual damages stemming from the statements -- money you lost as a result of losing your job, damage to your ability to secure new work, and harm to your reputation because of the false accusations of your having committed a serious crime. You may also be entitled to compensation for things like embarrassment, mental anguish, and humiliation. It might be worth it to discuss your options with an attorney.
by: David Goguen, J.D.