My daugther is in the 8th grade and has been dealing with this issue since school statred in september, it has become so bad that the kids who are bullying her have now accused her of stealing and the school officials have taken the bullys side and have been accusing my daughter as well. What can be done aout this situation, it is more to this story?
Ms. Hopkins: As you point out, there is obviously more to this story. It sounds serious enough to consult a lawyer about. Basically, whether "vicious rumors" will constitute the basis for a defamation claim will depend on what those rumors are and whether there is any truth to them. I wrote a brief summary of Virginia defamation law here. As I write there, a false statement must have sufficient "sting" to carry defamatory meaning - not just any insult will suffice. A false allegation of stealing, however, is not only defamatory, but likely consistutes defamation per se, which is the most serious form of defamation. The vicious rumors may or may not constitute bullying. Bullying is primarily handled on the criminal side of the court system, rather than the civil side. More information on school bullying is available here. I'm sorry to hear about your daughter's situation.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This post does not create any attorney-client relationship and is not protected by the attorney-client privilege.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.