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If a person files a criminal complaint (based on written…

if a person files a...
if a person files a criminal complaint (based on written evidence which supports the facts of the complaint), can they be sued for defamation per se?In this situation, the accused person published (online in a court proceeding) the email they received from police which identified the nature of the criminal complaint. Since the accused person published the facts about the criminal complaint, can the party that filed the criminal complaint (based on truth) be held liable for defamation since the accuser was the first party to make the existence of the criminal complaint public?Prior to the accuser posting the information about the criminal complaint in a litigation pleading....the only parties that new about the existence of the criminal complaint was the party that filed it and the police department.
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Answered in 3 minutes by:
6/15/2017
Longhorn Lawyer
Category: Criminal Law
Satisfied Customers: 13,563
Experience: Knowledgeable and experienced in criminal law matters.
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So you are asking if a plaintiff in a defamation case can recover if they are the person who made the complaint public?

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Customer reply replied 1 year ago
another fact to consider is that the plaintiff made the existence and scope of the criminal complaint public did so BEFORE they filed a defamation lawsuit against the party who filed the criminal complaint.

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ANSWER: Obviously I am not a judge or jury, and so I cannot predict any specific outcome or make any decisions. But according to the vast majority of jurisdictions, a defense to a defamation suit would be when the plaintiff himself makes the public statement. It sounds to me like that is what happened here. Look up the defamation statutes in your state. There should be something similar that describes defenses under the law, including when the plaintiff makes the information public.

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