QUESTION
My husband is accused of rape. The prosocution more than likely will be throwing the case out due to lack of evidence. Can we sue his accuser after?
Asked on Feb 06th, 2018 on Civil Litigation - Pennsylvania
More details to this question:
What about if he goes to trial and is found not guilty? What about if he takes a minor plea deal on a charge not related to rape or indecent assault? We both have had exacerbated mental health issues because of this. It has also out a strain on our marriage. He has missed two days of work so far (more to come). His bail cost me $5,000 and our criminal defense bill is around $15,000. Is there any way to recoup any money from her lies? The case is ongoing but in out favor. This allegedly happened 15 years ago and there is no other evidence other than her sworn statement.
1 ANSWER
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It's possible you could pursue a defamation claim against the accuser. The communication of the defamatory statement must have happened within the last year. filing charges with the police would not be a defamatory statement that is actionable. The statement would need to be untrue. The standrd of evidence in a criminal case is much higher than in a civil case. So even if there's insufficient evidence to make out a criminal case "beyond a reasonable doubt", there may be sufficient evidence in a civil case which is "preponderance of the evidence" (i.e. more likely than not). Think OJ. Acquittal in criminal case but verdit for plaintiff in civil case. Does your husband really want to bring noterity to this matter more than it already has been? I totally understand how one wrongly accused would feel -- really I do -- but filing a civil case may serve only to prolong the suffering for you all.
Answered on Feb 07th, 2018 at 7:21 AM