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Cost? Texas. None. It has to do with slander and individual…

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It has to do with slander and individual is telling friends of mine that since my last name is ***** ***** a man who was charged with sexually assaulting a four-year-old child that that person is me the age difference between the accused in myself is over 40 years the individual is on SSDI Social Security disability income which I believe allows for 10% to be used to satisfy judgments I would even be willing to donate any funds that I received to any of standing charity that would prevent this type of abuse of children

Submitted: 4 months ago.Category: Legal
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3/20/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience.

This to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then the other party may have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

It doesn't appear to me as if the individuals could have any reasonable defenses. Just because you share a last name doesn't mean that it is you and this is actionable.

You may want to consider just writing a cease and desist letter advising them to stop this activity immediately or risk a lawsuit. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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