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lawhabit, Criminal Law Answer Team
Category: Criminal Law
Satisfied Customers: 206
Experience:  Criminal Law Expert
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my nephew is being accused of rape after the girl partied with

Resolved Question:

my nephew is being accused of rape after the girl partied with him all nite, was seen kissing him, flirting etc. spent the nite in his bed and they had sex. We do not know if this was a set up or what, she was told my his grandmother to leave, she went to the hosp. and cried rape. he was picked up, taken to jail, and it was totally consentual sex. they are in early 20,s they dated way in the past. We have a lawyer working on the case, my question is can he turn this around and sue for slander and defimation of character?? many witnesses saw them all thru out the nite together
Submitted: 9 years ago.
Category: Criminal Law
Expert:  lawhabit replied 9 years ago.
If the statements are false and they caused him provable damages, then he may sue for slander (for the oral statements) and libel (written defamation) if it's the case.

He'd have to prove the following:
   1. A false and defamatory statement;
   2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
   3. Depending on the situation, negligence or malice by the part of the defendant; and
   4. Damage to the plaintiff.

He may also be able to sue for wrongful prosecution or wrongful use of civil proceedings.

The best thing to do is to retain a lawyer with experience in these matters early on.

Please let me know if I can be of further help. Good Luck!

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