Thank you for the additional information and clarification.
If the ONLY people that the brother told these lies to were the police, then your friend cannot sue his brother. All he can do is try to persuade the prosecutor to file a criminal complaint against the brother for filing a false complaint with the police.
However, people like this brother rarely stop at telling their story to the police. They generally repeat the same thing to family and friends---almost as if bragging that they caused this tragedy to occur to the person incarcerated. And for those misstatements of facts made by the brother, your friend does have a legal remedy.
He may sue the brother for Defamation.
From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.
1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.
In order to win a defamation case, you must prove the following:
- A false statement was made about an individual, generally yourself;
- The statement was made to a third party;
- If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
- Finally, you must show that you have suffered damages.
While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.
The law generally recognizes four types of Defamation Per Se:
1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.
2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.
3. The third category deals with allegations of sexual deviance or the lack of being a virgin.
4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.
Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction.
I wish you the best in your future.