My fiance has doubted my fidelity for some time. To allay her fears I gave her my home email password XXXXX check mail contents etc. At the weekend an innoccuous disagreement became an arguement where she became aggressive and threatened to phone the police. In difussing the situation I grasped both arms to restrain her. She has struck me at leat once before. Things calmed slightly and she stayed the night leaving early next morning. She has since claimed she contacted her ex who contacted the police alleging assault. She also stated he had sent illicit/naked pictures of me to my place of employment. She has a history of lying but I took no chances and logged an incident with police and contacted my employer to confirm/deny the sending of emails. It transpires that no call was logged by her ex and no emails were sent. She is now claiming that she IS pressing charges and demands to speak to my employer to clear HER name (sic) by hearing what I said to my employer. I merely repeated what she stated to me and took what I considered reasonable steps of remediation. The PCs and my employer have been supportive (even if no crime has actually been committed - even if mail had been sent because I provded password). I have refused to proved contact details of my employer and inisted she contact us both in writing about either/both matters. I believe she is now taunting me with the threat of legal action. Would she have had to report this to the police ? If so is there a time limit ? Should I respond to any demands from her or her lawyer if presented in email form ? Can she claim in any way that I defamed her character in contacting my employer ? Was I wrong to log an incident ? I had genuine fears that despite previous lies, if true this time, both acts would have potentially serious repercussions.
System of Law: Scots
Logged an incident with local police and refused to provide information under adherance to Precognition Law (mentioned by desk sergeant)
Thank you for your question.I think that you are quite stressed by all of this. You actually acted correctly in response to what she said she had done and I suspect she also made these representations in the heat of the moment.You have done nothing wrong. The police are not going to take any action here in the absence of corroborating evidence. Don't contact her again and don't respond to her lawyer unless she tries to take any form of civil proceedings in which case see your own lawyer.And stop worrying about this. I think that you should do nothing. You have not defamed her from what you have said and any further contact with her will not be helpful. If she contacts you tell her that you have taken legal advice to the effect that you are not to have any further communications with her and hang up or block h texts/email.I hope this helps. Please leave a positive response so that I am credited for my time.
Is there any timeframe within which she must act, because I believe she will taunt me with it as a perpetual threat otherwise. I have tolerated many of her lies before but this is too much. I do not want to see her again. When can I relax that she will not be able to pursue things ? Do you draw a distinction between criminal and civil ? Is the alleged offence a civil act or is that an allternative course of action for her ?
The civil action of defamation would have to be raised within 2 years of the alleged defamatory act.Any criminal act of assault, breach of the peace and any common law crime has no time limit on prosecution.A civil action for interdict preventing you from approaching her etc would have no time limit as a matter of law but unless raised within a few days would not be granted anyway as being too late.
Sorry, hopefully the last question. My (ex) fiance is a teacher and undergoes regular police checks. She claims her lawyer is insistant in contacting local police here (edinburgh) and my employer (edinburgh) to have my 'allegations' logged so that it will exonerate her if anything happens at a later date to impact her career, where she then claims she can sue me. She has stated this request is being send to the police and my employer but not me. She is threatening me with assault charges if I provide any updates to the police regarding the incident. Should I succumb to such a threat. I undesratnd her future career is important but I will not save her name and career at the expense of mine. Should I not contact the police ?
Sounds like another lie to me. At the same time I would not bother the police further. They really aren't going to do anything further. If you want a record kept write a letter to your lawyer dated for reference in the event that anything comes of this, which I doubt.
27 years as a practising solicitor.
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