Probably you were accused falsely of rape or any sex crime that you didn’t commit and due to the false accusation you lost your job, face credibility issues in your community, and some other damages.
On condition, if there’s no evidence or charge against you for the conduct, you become eligible to claim a defamation of character lawsuit.
Defamation of character lawsuit targets and helps you suing someone who makes oral or written communications intentionally to harm or damage your reputation. Your claim must indicate that the person knew that the accusations are false but made them wrong intentionally to damage your worth in the community.
A civil lawsuit for defamation of character made against false accusation of non-committed offenses are of two types; Libel and slander.
Libel and Slander
Whether a civil lawsuit falls under slander or liable, both of them target wrong or false statements. The main difference between them is that slander includes spoken or oral communications made to the third party while libel indicates visual, written, internet-based interpretations that were publicly published for the audience to read.
Texas laws for slander involve felony penalties as for Federal laws, civil penalties are provided for the offense. To obtain slander in a civil lawsuit, you need to prove that the defender has made the false accusation knowingly to hurt your job position and reputation.
As for libel, your civil lawsuit must depict that the false printed or written accusation made against you were untruthful and were formatted in a willful manner.
Either libel or slander, a wrong allegation against someone is considered a serious crime and can be taken as an offense that is defamatory per se or actionable per se. And then again, whether libel or slander, if an accusation is written or verbal against a crime such as sexual misconduct or murder, can become the grounds for a character defamation lawsuit.
In your civil lawsuit, you can actually seek compensation against the damages incurred due to the false allegations. These damages may include mental anguish, embarrassment, and humiliation. However, these are not financial damages that a person has suffered, but their values will be carried out from the experience of distress the plaintiff has suffered.
How to find out if someone is suing you?
Wondering how to find out if someone is suing you? There are several things that you should consider while preparing yourself for a legal battle.
- Get the help of an experienced attorney as early as you can
- Collect all the written or physical evidence concerning the false allegations such as CCTV footage, pictures, clothes, etc.
- Gather all the documents supporting your claims such as financial documents, memos, letters, or emails.
- Jot down details of the evidence and the witnesses you remember from the crime scene.
These are some steps that you can do to put yourself in a better position. Keep in mind that if you think that communicating with the person about the false accusation or discussing things to clarify is a good way to solve the problem– it is not. Things will get complicated and your accuser may find some more allegations against you to file.
Sending an informal demand decree
Sometimes a hand-delivered letter, return receipt request, or a certified email can make a significant impact. The letter should be officially typed through an attorney with the details of your information listed clearly.
In the letter, you should mention the false accusations imposed by the accuser, previous attempts that you made, and your verdict such as compensation you‘re willing to accept.
Your letter should make an impact that there is no doubt that if they don’t comply, you are free to file a lawsuit.
Malicious Prosecution or False imprisonment lawsuits
A civil lawsuit against a false accusation can also target malicious prosecution or false imprisonment.
In order to file a civil lawsuit to suing someone for false accusations against you, you need to hold the person liable for instigating a criminal or civil charge while being aware of the fact that the allegations are totally false but made to achieve the wrongful purpose.
Proving this improper motive or wrongful purpose behind the allegation is the key to initiate such a lawsuit. Your civil defamation lawsuit cannot be built upon inadequate evidence against you.
However, in some cases, a negligent testimony by a witness can work as a base for a civil lawsuit. Again, you must have a ruling from the civil court in your favor. From his way, only you will be able to file a civil lawsuit against people responsible to defame your reputation or for malicious prosecution.
Expected Criminal charges against your accuser
Other than a civil lawsuit against a false accusation, there’s a chance of criminal charges against the person who intentionally accused you of the crime you didn’t commit but with the intent of spurring malicious prosecution and affecting your standings in the community.
The law enforcement officers will take the person under criminal charges for the false allegations against a person without evidence. In many states including Texas, it is itself a crime to file a false report against someone. In some jurisdictions, it is considered a misdemeanor and a felony in some.
Can you sue your employer for false accusations?
A false accusation can seriously damage your reputation especially when it comes to your employment. If an employer fires you on the basis of false accusations and this is preventing you from getting a new job.
The answer to the question is yes, you can sue your employer for making false accusations. You can also file a civil defamation lawsuit against your ex-employer to harm your reputation.
The elements that would work against your defamation civil lawsuit include:
- False Statements
- Wrongly published reports
- Injurious attempts
- Unprivileged remarks
This may happen all the time when your employer intentionally wants to defame you. Probably your manager calls you lazy or he might criticize you for finishing up your work late. Another way, he may have fired you claiming that you weren’t able to finish the job on time. Here, you have the right to claim for defamation of character.
Defending yourself against a false accusation
Proving your sincerity against defamation attempts greatly depends on whether you are still employed in the company or not. If yes, then you must reach your employer and discuss the abnormalities.
Be prepared to bring proof to defend yourself in front of your employer. Whether the defamation statements are liable or slander, you must know what actually was said and in what context.
Nobody in the world likes to be accused falsely indeed. It’s your character that always remains at stake. Plus, the road to proving your defamation accusations can be tough.
Keeping yourself accusation-free should be the main idea behind every effort you make. A wrongful termination attorney can help you advise further on this legal domain. Consult an attorney and find out how you can protect your rights.
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