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Jessica
Consultant
Attyadvisor, Expert
Welcome to JA and thank you for your question. I am Atty2 and it will be my pleasure to assist you. I have 32 years of experience and have been a certified Attorney on Just Answer since 2012.
Please be patient if I do not respond right away, I may be typing my responses or working on another customer’s answer. The site will generate an automatic option for a telephone call for you, in the meantime it will be my pleasure to work with you in this format.
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I am sorry that you are going through this situation. How may assist you?
Attyadvisor, Expert
Since I have not heard back from you yet, let me provide a general overview of the law and your rights for false allegations.
"A false accusation is where an unfounded or unsubstantiated allegation is made against a person. A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally or resulting from deliberate or accidental suggestive questioning, or faulty interviewing techniques. The accusations can be broken down in three categories:
The biggest effect that a false accusation has is on a person’s character whereby the accusations made defame a person’s reputation. False accusations may be made by the police or any other person...
You can sue for false accusations made by a person or the police. The effect of false accusations affects a person’s reputation because they are either falsely accused of a crime or falsely accused of act that did not take place. Common types of false allegations involves sexual abuse, child abuse, drug accuse or the commission of any crime. A person can sue under the tort of defamation which may either be in the form of slander, libel or defamation of character. Slander is untrue words spoken orally with the purpose of harming an individual reputation. It must be proven that the individual made the statements maliciously to harm the reputation of a person for their own personal reasons. While libel is where statements are printed that falsely depicts individual in a certain way that ruin their reputation. To prove libel it has to be shown that the printed allegations were not only insulting and offensive but it was it malice. Defamation of character concerns the act of making false statements about a person which blemishes or tarnishes his/her reputation. Defamation of character can either be libel or slander.
False accusation is considered to be defamatory per se category where of false statements are so innately harmful. Traditionally, damages for such false statements are presumed and do not have to be proven. This shows the serious damaging effects that false accusations may have on an individual’s reputation. An example of this is where someone accuses you falsely of rape. It is common knowledge that being accused of rape tarnishes a person’s reputation. A person is awarded damages for false accusations when a defamation claim is brought against them...
Where someone is falsely accusing you of acts that did not take place or actions which did transpired but you are falsely being accused you can sue them. First it is always best and cheaper to demand the person to cease and desist or to make a public apology. However, because of the nature of the allegations that were made you probably want vindication by the court to state that the person was malicious and vindictive or they did not have probable cause to allege that you did such an act. Additionally, you may have suffered mental distress as a result of the false statements as such compensation is needed. Compensation is awarded in cases of false accusations to recompense the person for damage to reputation and any anxiety caused by it.
Falsely accusing someone for acts which may or may not be criminal can seriously damage a person’s reputation. Therefore, you can sue anyone who was responsible for making the false accusations. These persons can include police officers where they act without probable cause or anyone acts with malicious intent. The issue of false allegation in the criminal sphere is so serious that proof of loss is does not have to be shown by the victim before they can receive damages..." https://www.canisueforthat.com/can-i-sue-for-false-accusations/
Attyadvisor, Expert
Did you want to bring an action against the parties that made the false allegations against you?
Attyadvisor, Expert
You would file this as a defamation of character case.
Attyadvisor, Expert
Yes.
Attyadvisor, Expert
Let me provide a link for attorneys that serve the area that provide free consultations that can personally assist you. Thank you for your patience.
Attyadvisor, Expert
Thank you for the clarification.
Attyadvisor, Expert
Attorneys that serve the area that provide free consultations
https://www.lawyers.com/civil-litigation/marshfield/massachusetts/law-firms/?free_consultation=yes
Attyadvisor, Expert
Attyadvisor, Expert
I hope you find this information helpful.
If I did not answer your question or if you have any further questions or need further information please do not hesitate to ask me. It will be my pleasure to continue to assist you.
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Attyadvisor, Expert
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You are most welcome.
Attyadvisor, Expert
This is my direct link https://www.justanswer.com/law/expert-attyadvisor/?rpt=3800
Attyadvisor, Expert
Thank you for your kind words.
Attyadvisor, Expert