More details to this question:
Last year, after hanging out with an ex (I hadn't seen them in over a year) one day that included some heavy drinking, I blacked out and woke up the back of their car alone the next morning confused and scared, not knowing where I was and what had happened. I immediately got a ride to the police station where I then told them what I remember and that I don't want anything to come of this situation. I didn't make a statement or file any charges, I just wanted to walk away from this. He (my ex) later told me that I was falling around, incoherent, and they had to carry me around that night. He then told me that we had sex in their car, which I don't remember and he left me in the back of their car. But still, I didn't want to file any charges or anything. We still kept in contact, but recently, when I called them they said their lawyer would be contacting me because now they have some kind of record that's keeping them from getting employed all because of what happened last year. I'm confused because I made no statement and I didn't make any charges. I still don't want to, I don't want to harm them. My question is, can he sue me for defamation? I made no statement with the police or charges against him so I don't know how this could of happened. I'm worried that if he does, this could be in the papers and I would be opposed to that. Also, I don't have any money so I don't know how he can sue me, I don't even think I can afford a lawyer. Any advice would be much appreciated. Thank You
1 ANSWER
He can sue you, because anyone can sue anyone for anything. That doesn't mean he will win, but there is no way to avoid publicity if he does sue and the press wants to publicize the suit. It seems to me, however, that he would be more unhappy with publicity than you. Why would he want people to learn that he may be a rapist? So I think it unlikely that he would sue you especially since, even in the unlikely event that he won, you have no money so what does he have to gain by suing you?
If he sues you for defamation, you have at least two defenses on which you could prevail. First, truth. If you told the police the truth, as you indicate in your email, you have done nothing wrong. Second, privilege. Statements to to the police reporting crimes are generally privileged, to a greater or lesser extent depending on the jurisdiction. In order to overcome this privilege, he would at least have to show that you intentionally lied to the police in order to get him in trouble. Again, from your email, it does not appear that you have done anything like that.
Answered on May 20th, 2013 at 11:25 AM