My 16 yr old son was falsely accused of rape in a small town. Is suing the family for defamation of character?

The proper way to express my frustration? We live in a village of less than 3000 people. He has had much trouble at school, with fights, bad grades and suspensions. The police quietly said if he leaves town….to go live with another relative, it will be easier for him because he just doesn’t belong…that…

That girl is nitch spelt with a b instead of a n

The problems with a lawsuit in this instance are many. First, defamation of character requires that the defamer is consciously and purposefully lying about the person being defamed. In this case, as you’ve mentioned, the parent’s didn’t know their daughter was lying when the accusation against your son was leveled. Second, it drags the entire issue into a legal forum and only costs you time, money and stress for no compensation. Lastly of course it makes the parents of this idiotic, immature girl enemies instead of just willing dupes of their daughter’s dishonesty.

My suggestion would be for the parents to issue a public apology, admit that their daughter was lying, and for YOU to stop knuckling under pressure to accommodate their daughter’s personal failings. You can make it clear that unless this apology and/or recanting of their daughter’s lie is received, that you feel as if you have no choice except to take it all to court where their embarrassment and humiliation will be even worse, and their daughter’s lies will be on record forever.

If your son was acquitted of the rape charges or if the court determined the charges were false and dismissed them then you may file either civil suit or criminal complaint. Civil suit will require you to show financial burden or loss due to the false accusations. This can be done but you will need a very good experienced lawyer to make it worth your while. The attorneys fees and the court costs will be extensive.

Or you may file a criminal complaint as long as you have the evidence, court transcripts or any other documentation of the false accusations and complaint filed against your son. The DA will review the evidence you provide and file criminal charges against her as long as the DA feels there is enough there to get a conviction. Either way it would be enough to scare the crap out of her and her family.

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