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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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Defamation of character photo on the news falsely accused of

Customer Question

defamation of character photo on the news falsely accused of rape spent a night in jail and was released
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no thats what i was looking for
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: had consinatial sex with a woman after i left she accused me of raping her even thou the entire time i was with her she never once said dont no nor stop.. later that night 3 officers arrested me for rape i went to jail. my pic was on the news and now everyone that knows me thinks im a rapest
JA: Is there anything else the Lawyer should be aware of?
Customer: when they released me all they gave me was an order of protection to stay away from her.. i didnt bail out bond out or sign a ror
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions? I just want to make sure that I understand what legal information you are seeking.

Thank you.

Customer: replied 1 year ago.
I looking for my legal options
Expert:  TJ, Esq. replied 1 year ago.

Well, your options are quite broad and varied. It sounds like you may be charged with rape. Accordingly, the first thing I would do is retain a criminal defense attorney to review the situation, advise you as to the status of criminal charges, and to represent you in court if you are indeed charged.

It's also possible that you could be sued civilly for the alleged rape (similar to how OJ was sued civilly for murdering his wife even after being acquitted of criminal charges). There is no point in retaining an attorney for that yet, however. A civil lawsuit, while possible, is not common unless the defendant is wealthy. Moreover, a civil lawsuit would not be filed until after criminal charges are dealt with.

On the other hand, if the girl lied to police, and you think you can prove it, then you can sue her for abuse of process. Abuse of process occurs when a person falsely uses the courts in order to harass somebody. For example, making a false police report and lying to police so that you would be prosecuted would open her to liability for abuse of process. Of course, you have to be able to prove that she did so intentionally, and that her allegations are false (i.e., not merely that she can't prove her allegations).

You also mentioned that you were named on the news. If no charges are filed, or if they are filed and you are acquitted, then you could sue the news for defamation if they claimed on the news that you are a rapist. Note that this is not the same as reporting that you were arrested for rape, or that you are allegedly a rapist. They would have to actually state that you are a rapist. Most news departments are careful to make that distinction in their reports precisely so that they are not later sued for defamation. However, they aren't always careful. A famous example involves Richard Jewell, who was falsely accused of planting a bomb at the 1996 Olympics in Atlanta. He was successful in his lawsuit against NBC and other defendants. So, if that occurs here, then you would retain a civil litigator to sue the news department.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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