YOU NEED TO RETAIN A LOCAL LAWYER TO ADVICE YOU. AND REMEMBER THAT THE TRUTH IS A DEFENSE TO SLANDER. BEST OF LUCK.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
If the statement made was true than it does not qualify as slander. Regardless, your damages do not seem significant enough to warrant the effort to bring a claim. If you feel differently than consult an attorney to investigate the incident.
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Not being aware of the statement which you conclude is "sexual slander" (nor should you necessarily post it on this site), and as the other attorneys have advised, "truth" is a defense even as to unflattering statements. Additionally, defamation deals with a false statement of fact. A corollary of that requirement of proof is that statements of opinions are generally not actionable. Lastly, be advised that defamation actions are verty expensive and time consuming to prosecute - even if you are thinking of representing yourself Pro Se (which is not a smart thing to do). Consult with a local attorney, in person, to go over the details.
Keep in mind that defamation lawyers typically want a $5,000.00 retainer just to begin work, and unless this caused a significant monetary loss to you, your costs would likely exceed the recovery.
I am not familiar with "sexual slander". What are you referring to and what are the damages you have received as a result of this "sexual slander"?
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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If the statement is slander on it’s face and attacks your moral turpitude it could be characterized as slander per se which civilly reduces the burden for having to actually prove up damages. Obviously, to file a lawsuit you would do it in Superior Court in the county where the incident occurred. As a starting point you may want to get a copy of the school district policy and see what policy the teacher was in violation of and then make a formal complaint to the school board and ask them to intervene in the matter.
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You are going to want to Google the fundamentals about California's anti_SLAPP statue's. The state's anti-SLAPP scheme is quite robust. If you sue on for defamation when you should not have, you can wind-up paying all of the defendant's legal fees and those will likely be in the tens of thousands of dollars. And it may take up to 2 years to determine whether the anti-SLAPP laws will be applied -- only then can the defamation case move forward.
If you suffered some slur in front of a bunch of kids, a lawsuit is unlikely to be the best way to handle it. An administrative complaint with the school and the district will get faster, more affordable results, although the outcome is far from certain. Although we have no idea as to the nature of the remark and so cannot offer any insight as to the strength of any potential claim by you, absent a purposeful malicious and explicit intention to cause you harm, it is unlikely that the teacher can be deprived of her employment for such remarks. If your knowledge of the incident comes from the teacher herself, your potential claim is even weaker, legally speaking.
Talk to a local defamation attorney by all means.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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