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Legal Ethics/Slander: Defamation of Character
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Question
Recently I received a e-mail that was sent out to a group of peoples saying that I where accused of molesting children, but was never charged and that I where abusive to my wife and did something to my daughter. That e-mail have really impacted my reputation because I work around young kids and I'm a retired federal officer. Now I have to clear my name.
Napoleon,
Even though there is no question here, I assume you wish to know the elements of defamation. Slander and Libel make up defamation. Slander is verbal and libel is written.
To prove defamation (or in this case libel), you need to show: 1) the maker made a statement; 2) the maker knew the statement to be false; 3) the statement was intended to harm the reputation of the person it is about; 4) it caused a loss of reputation; and 5) it resulted in damages.
However, there is also defamation per se in some jurisdictions. When one is accused of a crime falsely, you do not need to show a loss of reputation as it is presumed. In this case, molestation is an accusation of a crime.
I suggest you contact an attorney in your area if you wish to proceed. You can either file a lawsuit or you can seek an injunction preventing this email or rumors from being spread.
Very truly yours,
Paul D. Friedman, M.A., Ph.D., J.D.
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Answers by Expert:
Paul D. Friedman, M.A., Ph.D., J.D.
Expertise
I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
I can answer questions dealing with general ethics principles, including legal ethics, medical ethics, bioethics and business ethics. I do not give legal advice over the internet.
For more information, you can view my website at WWW.EXPERTETHICS.COM
Experience
Experience in the area
I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to
State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors
Education/Credentials
Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosphy 2006
Awards and Honors
Phi Beta Kappa
Multiple Who's Who
Publications
A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
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