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How would I prosecute someone for deformation of character

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
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in UK Law

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Customer Question

How would I prosecute someone for deformation of character in England

Submitted: 265 days and 18 hours ago.
Category: UK Law
Value: £22
Status: CLOSED
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Expert:  Jomo1972 replied 265 days and 18 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

-Could you explain your situation a little more?

Customer replied 265 days and 18 hours ago.

My friends step farther was caught having an affair because he txt me about it now as a way of getting revenge he is telling people I'm a pervert and pedophile I have since had people threatening tO beat me up and worse however he has not reported me to the police or any other agency is there anything I can do about this

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Expert:  Jomo1972 replied 265 days and 18 hours ago.

I notice you haven't accepted my previous answer so I would be grateful if you could do that now.

Why did he text you about this?

Customer replied 265 days and 15 hours ago.

He was asking for my help to carry on the affair by booking an hotel which I did not do

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Expert:  Jomo1972 replied 265 days and 15 hours ago.

Ok. And is it that that he is telling people ? If so, how many and in what circumstances?

Customer replied 265 days and 5 hours ago.

Yes he is telling people and now those people are telling other people and I'm getting threatened I have no idea how many people he has tod but he did say it on face book but that has now been removed

Accepted Answer

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Expert:  Jomo1972 replied 265 days and 5 hours ago.

If its just that he is saying you assisted his affair then thats probably not going to amount to defamation. Saying that you are a peadophile almost certainly would though as its an allegation of criminal conduct.

If he has made that comment on Facebook then that would be public enough to give rise to a presumption of damage.

However, the problem with defamation actions is this. Its not a criminal matter. Its a civil matter. The police cannot act. You would have to fund an action yourself and that will not be cheap. I'm afraid that a defamation action costs in excess of 25,000 and there is no legal aid.

Sorry but thats your position and I have a duty to give you truthful information.

Expert TypeBarrister
Category: UK Law
Pos. Feedback: 95.7 %
Accepts: 23843
Answered: 8/10/2012

Experience: Bar Exams, over 5 years in practice.

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