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Advice re malicious slanderous comments

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  • Advice re malicious slanderous comments

    Hi
    This is my first post, so hope I'm in the correct section, and hope I can obtain some much needed advice.

    A male friend was accused of rape. Basically the female went back to his place, no intercourse took place, but when the female's boyfriend found out, she said she'd be raped. The boyfriend went and beat male friend up and had to pay restitution for damage to property. Female later reported the alleged rape. Police and CPS reviewed all evidence for alleged rape including female's social media and texts. Based on the latter, it was found there was no case to answer ie her allegations were proved to be vexatious and untrue. No further action taken. However, 2 years later, said female is now telling people that this male raped her. What can male friend do to keep his reputation and integrity intact. This could obviously affect his livelihood, never mind his reputation locally, and the stress is affecting his mental health.

    Many thanks
    Tags: None

  • #2
    Oh goodness, how awful. It sounds like an injunction might be the way to go, but possibly as a first step he might want to log a complaint with the Police that the female is harrassing and slandering him. There is a potential offence of perjury and perverting the course of justice, but as she has already had her claims thrown out by the CPS, it is unlikely to go to that. An injunction would be applied for through the civil court ( I believe it's https://formfinder.hmctsformfinder.j...k/n16a-eng.pdf form ) Peridot might know better ? but it is likely he will need to get a bit of formal advice first from either a law centre ( maybe a referral via Citizens Advice ) or a solicitor ( some will offer a free half hour advice ).

    Any ideas why she's started on about this so long after the alleged event ?
    #staysafestayhome

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    Comment


    • #3
      Hi Countess,

      What a terrible thing to be going through. Your friend definitely has to report this to the police as a first step. If he did proceed to obtaining a civil injunction he would have to prove he had taken the step of reporting, to have any chance of obtaining any sort of injunction. The Police take no action but he needs to be able to demonstrate the steps he has taken to try and deal with this, which would give him a better chance of being successful if it is necessary to apply to the Court for an injunction.

      Is this gossip or has anything been written, for example on facebook or other social media? Who is being told these lies, are they being believed by the people hearing this girl? It is a really difficult situation for him to decide the best way to go. By ignoring this will rumours run their course and disappear in time or are the comments being made to people who could effect his employment, for example? Sometimes pushing this sort of issue can inflame things further. I'm not suggesting he should put up with this at all, but he does need to get some legal advice on the options available to him and whether the benefits are worth the cost of taking any action. This will of course be dependant on exactly what is being said and to whom and the likely outcome if matters proceed to an application for an injunction.

      It would be sensible for him to write down a timeline of events as they have occurred, what has happened since the criminal investigations were dropped and the comments that have been made (including in what forum, pub, facebook etc), to who and how your friend has found out about it, together with any other evidence of this eg facebook posts and other factual information, including what effect any comments have had on those who have heard them, if he knows. He should then seek some specialist advice from a litigation specialist to allow him to explore what options are open to him.

      For his own health it may be worth him seeing his GP if his mental health is being affected, to see if there is any support that he can access to help him through the situation.
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment


      • #4
        Thank you for the support and advice.

        I really don't know why the female is doing this.My friend lives in village (pop about 16,000 according to Google just now) - sounds a lot, but mainly an aging population so the younger people tend to know each other or friends of friends.

        My friend went on a first date with a girl, who subsequently went to see a band at one of the locals a few nights later. Coincidentally the girl got talking to the "female" and they had friends in common. Talk led to the date with my friend, and the "female" recognised who the girl was talking about and warned the girl off with her story. The girl then phoned my friend, really upset saying she didn't know what to believe - presumably she had been keen to continue past the first date until she spoke to the "female". It seems the "female" has spread this vile tale to other people too.

        My friend works locally and is worried that this might get back to his employer - he has only just started working there, so they don't know him well yet.

        My advice to my friend was to speak to the police, which he has done this afternoon. The police have "opened a file" and have said they will have a word in her ear. I'm not sure about this. The female is apparently still with her boyfriend, who has already attacked my friend. I do worry that the boyfriend will have another "go" at my friend if/when he finds out the police have spoken to her. I was in the camp of tell the police, but leave it for the moment, hoping it would all disappear. But it's not my reputation being damaged.

        In relation to his mental health, he is a "coper". Will keep an eye on him and signpost him to services if he appears to need them.

        Many thanks for the advice.

        Comment


        • #5
          Here if you need any support. I can’t imagine how worried he must be. Just report everything. If the ‘boyfriend’ does retaliate he must let the police know, although I’m sure he knows this anyway.
          Just keep everything documented.
          Here if needed.
          I am a qualified solicitor and am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment

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