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I am the grown survivor of extreme bullying and abuse, rape, etc. How do I protect my rights to free speech about this?

Macon, GA |

Although these guys slandered me, that is not the reason why I want to publish their names. I want to do that because they raped me. I could give a noncommittal shrug that they called me a slut (and that's something that rapists often do to their victims), it's that they raped me. I want to be the whistle blower. I want to tell their names. It's an extreme case, but my honesty can be documented, because I've been saying some of the same stuff for over a decade now and have well-documented post traumatic stress disorder. Furthermore, I have a respectable witness, albeit due to age and his own mental well-being, he only remembers what he saw when he chased them away and very few details after that.

There is also a security video somewhere, and that has everything on it. A very old security video, but I have managed to be able to build a case for myself, after years of being too traumatized to even function in the real world. I just need to be able to find the video, that's it. I even moved across the country, but (although nobody was sent to any gas chambers) it was like the holocaust to me, and nobody believed me. Those who do not know history are doomed to repeat it, and if I am forced to leave out names after those rapists convinced an entire town against my will that I was a slut, it would just be another horrendous injustice on a person who had unjust things happen to her all the time; I can't threaten to commit suicide because I have too many responsibilities in life, but if this doesn't get prosecuted, I'll have a bad life, and that's been the case for a long time now. Can somebody please help me?

Attorney Answers 2

Posted

My condolances on your experience - sorry you went through that. Okay, your question covers a lot. First look at the statute of limitations for these claims in the state it happened in. The world has changed and many states have laws, that effectively put a big pause button, in sexual assault cases. If you have an actionable claim, then hire a local lawyer, and sue the creeps. Next find the video, if it shows the assault, and positively identifies the creeps, it will really help you. Third, what I would do is write a book. Tell the whole story of the assault, and your healing process, but change everybody's names, just to cover your butt (get the witnesses statement before he dies and include it in the book). Then if you can get it published by a big publisher,great, if not, self publish a small run. Dedicate the book to: "based on true events"; and be very cryptic about if the heroine is you. There are internet sites that will print and bind as little as 10 copies. Then hold yourself a little book signing in your home town. I actually know someone who did this, and it was brilliant, and it got her exactly what she needed, the oportunity to tell her story and closure. Telling their names is only going to invite getting sued for defamation, on the up side if you get sued, truth is an absolute defense, so you will get to litigate the issue of whether you were telling the truth when you said they raped you, but the downside is it will be insanely expensive and most likely leave you bankrupt. But telling your story, and changing the names to protect the guilty is a great way to get your story out there and acomplish 90% of what you want to do. Good luck and I'm sorry that happened to you...

All responses are intended to be informative legal information only. No response consitutes legal advice. There is no attorney/client relationship, unless a signed contract between the parties is executed.

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4 comments

Asker

Posted

When you say local attorney, do you mean a Georgia attorney, or a nearby lawyer?

Asker

Posted

Thank you for your advice, by the way.

Sean Patrick Kuhlmeyer

Sean Patrick Kuhlmeyer

Posted

I guess I should have been more clear. Jurisdiction is generally set in the county of residency of the defendant, or at least one of the defendants. In you case I see you're in georgia, and it seems like a small town, so I assumed that everything is there. But maybe that's not true, perhaps you grew up and the creep all live in Kansas, or wherever. If you are going to sue them, then you will need a lawyer, in the state, that one one of them lives in, so that they can be sued in their county. Jurisdiction can be tricky if defendants are out of state. I think you need to ask around to find a lawyer somewhat close to you, that can give you some practical advice on what to do in your situation: whether to sue or not, naming names, bankuptcy, and can explain jurisdiction to your facts. If my answer was helpful, please vote for it. Good luck.

Sean Patrick Kuhlmeyer

Sean Patrick Kuhlmeyer

Posted

Oh sorry, typed before I looked. Thanks for the helpful vote.

Posted

Whenever you publish statements about another person's conduct, you expose yourself to being sued for slander if it can be proven that the statements were false and you published them anyway. You do need to keep that in mind before you act. Otherwise, I do not see this as a legal question. I certainly can understand a desire for vengeance. Did you report their acts to the local police? That would be the best way to expose and punish them.

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Asker

Posted

I did talk to the police; the police were rude. 1) They wouldn't let me use the bathroom while I waited, so I had to wait to go to the bathroom. 2) When I reported one of these guys ten years ago, I was (a child) and too scared to press charges (I thought reporting him was enough) and they didn't arrest him, and he tortured me the next week. (A registered sex offender, now deceased.) 3) The bald cop interviewed me in the lobby. 4) The bald cop asked me if I was mentally ill, and decided that I wasn't worth the trouble (because I took medicine for PTSD), 5) he demanded the number to my doctor, 6) after calling my doctor, he threw the business card at me, 6) he asked my friend if I was full of the s-word. The only people who do not believe me don't believe in rape, and would deny the holocaust if they lived in Germany during the 3rd Reich. This is not for revenge, this is because one of them (the deceased one) raped my friends in front of me, and there is no reason why I should forget my fellow females in Macon when it's full of people who raped me. This is not revenge, it's realizing that there are kids who live in my hometown that I don't want to get raped by rapists who've raped me. If they raped before, it's very likely that they'll rape again. Out of 100 rapists, 3 go to jail, these are statistics pulled from RAINN who pulled these statistics from the FBI statistics. http://www.rainn.org/statistics/ It's a human right not to be raped, and to have your rapists prosecuted.

Asker

Posted

Actually reported him thirteen or fourteen years ago. Nonetheless, I did report him, and the cops were too chicken to arrest a man who'd just been told on by his own sister and his own brother-in-law who called the cops. (I wish they had better memories, but those guys are old, capable of self-delusion, and recovered from chemical addictions, and due to the memories, I don't talk to them anymore.) The fact is, this is the most likely form of abuse to be "blocked out" or dissociated, because it's a disgusting injustice and the entire town perpetuates it when they call the person who it happened to a liar and a slut, and continuously insist on sexually objectifying someone who constantly insisted that she didn't want that to happen. People who are sexually abused are often sexually abused for years and by multiple people, there is no lying on my part; I blocked that stuff out for a reason, which was the reason why there were holes in my story for so many years. (Only 8% of all rape reports, according to the FBI, are false, and I am definitely in the honest 92%, and being called a liar all the time is a kind of abuse, when the person is honest, and I am.) It's not about revenge. It's about not wanting to kill myself anymore. It's about not wanting to kill rapists anymore. It's about having 100 out of 100 rapists in jail, properly medicated so they can't rape other people in jail, because if this didn't happen to me for a reason, if I'm meant to die tragically, if I'm meant not to be remembered for being the good person I was in history, for all the times I let other good people who were down on their luck live (platonically) in my house, for all the times I took up for other people who were getting bullied, for all the times that I told the truth and lost all my friends (and told them the truth knowing that was a distinct possibility), then I never had any reason to be a christian, because a just God would not let that happen. (Any proper historian could tell you that history is written by whoever won the war, so if these guys win, I go down into Macon history as the town slut, and I'd kind of rather have several bullets in my head than have the word used to abuse me and denigrate me and make me feel like less of a person go down in history by my name.) The being said, I can't kill myself, but there is no law that says I can't think about it abstractly a lot. (And nobody tell me to go to the mental hospital, because that's just another way they perpetuate a society that enables rapists, by drugging the people who've been already raped with sedatives, all the time, making them easier targets.) I don't mean to be harsh, but hearing (or reading) people call this a need for revenge, cheapens my effort to fight a sick and disgusting world and make it safer for children, so they don't get bullied and raped, because those are two unacceptable behaviors that have been tacitly accepted by society, and it needs to stop.

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