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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13875
Experience:  Experienced in multiple areas of the law.
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My niece has accused by daughter of rape. it's untrue. it's

Customer Question

My niece has accused by daughter of rape. it's untrue. it's a long story that, as a family, we would have let die due to the fact that this girl has emotional issues. she now has determined she is transgender. in her gay/lesbian alliance group, she named my daughter as her rapist. named her. at my kids school. what recourse do i have
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. So I'm clear on what you're asking, are you asking about what you can do about the damage to your daughter's reputation?
Customer: replied 1 year ago.
yes. she is telling the story at school and online and using my daughter's name
Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply. This is could be considered defamation per se. Defamation of character occurs when a defendant negligently or intentionally makes a false statement or statements against a person to a third party (or parties), resulting in damages. In a normal defamation case, proving actual damages is often difficult for people who are not public figures (celebrities, politicians, etc) so many claims fail. Defamation per se is different. Naturally harmful statements are considered per se defamatory. In defamation per se claims, the plaintiff does not have to prove material injury because the harm to the plaintiff is presumed. In such cases the plaintiff can sue the defendant for allegedly implying the plaintiff’s promiscuity, making false claims of a horrible disease contracted by the plaintiff, or accusing the plaintiff of a crime he/she did not commit. In this case, the plaintiff can seek damages without having to prove economic loss. Damages can be actual, compensatory or punitive in nature (meant to punish a defendant). You would want to speak to a local attorney about this issue more to see if this is something worth pursuing. Aside from suing from defamation, you may want to look into seeking an injunction against your niece, to prevent her from continuing to make false statements or posting such false statements online. If you need clarification or additional information, please reply and I'll be happy to assist further. Thank you.
Expert:  RobertJDFL replied 1 year ago.
Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.
Expert:  RobertJDFL replied 1 year ago.
Just checking in to see if you needed any additional information about this matter? If not, please remember that experts on this site work on the honor system, and we are not paid until you leave a positive rating by clicking on the stars/happy faces (even though you may have placed a deposit with the site). As always, if you need additional information, simply REPLY, and I am happy to continue assisting you