What can I do about someone telling another person that I am a pedophile?

Asked over 5 years ago - Pennsylvania

What can be done about this, they sent this information in a text message on a cell phone.

Attorney answers (3)

  1. Lee Anthony Ciccarelli

    Pro

    Contributor Level 8

    Answered . Dennis, Pennsylvania law gives you one year to bring a law suit for defamation. That means that if someone is stating a fact that is false and it is slandering or "hurting" or "tarnishing" your character in the community, you have a right to bring a civil action against them.

    The difficulty in these types of cases is to prove what was said, who it was said to, and loss of privacy that comes with such a case. Because “truth is a defense”, the defendant can present evidence to attempt to prove that his or her statement was truthful.

    Speak to a Defamation/Slander or Personal Injury attorney for more information.

    Lee Ciccarelli, Esq.
    West Chester PA.

  2. Dennis Michael Phillips

    Contributor Level 17

    Answered . You may have a cause of action to sue. To be successful, you will need to prove that the statement was defamatory and that you suffered special damages as a result.

    I am a Florida personal injury lawyer; so what I say here is just general legal info. You should consult with an attorney in your area for the specific elements that you will need to plead and prove.

    In general, you will need to prove that a false and harmful (harms your reputation, hurts your business, etc.) statement to a third party (i.e. to someone else other than you and the speaker). You will have to also prove that the speaker was, at least, negligent (didn't check his facts) in making the defamatory statement or that the statement was made maliciously.

    Truth is a defense to defamation. So are certain privileges. Get with a lawyer in your area. If you have one, I recommend that you look up your county's trial lawyer association a.k.a justice association (different from the county bar assn) or go to www.justice.org to find a lawyer in your area that does defamation work.

    Good luck

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Defamation laws or slander and libel laws vary by state. But, generally, to be slander or libel, someone must make a negative, false statement of fact about a person to a third party that causes harm.

    Here you appear to have a valid case.

    You need to seek to hire a lawyer in your locale, because without a lot more detail, no further observation is possible.

    Good luck to you. You should consult with a local attorney to determine your rights and the best remedy for your situation.

    You might find helpful my Legal Guide, "Successful Start for a Personal Injury Lawsuit"

    http://www.avvo.com/legal-guides/ugc/successful...

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    God bless you.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,842 answers this week

2,865 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,842 answers this week

2,865 attorneys answering