Quote:
Originally Posted by starfruit504
I've written several articles about childhood sexual abuse in the last 5 years or so. I always followed libel guidelines, so I never named my abuser or said anything that may help someone identify my abuser (like they'd want to).
My abuser was my dad. I went no contact with him more than a year ago. He's a narcissist and will never acknowledge that he's hurt anyone ever in his life, let alone me. I was his favorite toy. His favorite thing in this life is controlling me.
Let me say that he's never acknowledged anything I ever wrote about anything, in fact he doesn't even acknowledge that I have a job. He always told people I was over-educated and had too little experience to get a good job so he was "helping" me financially, which is 100 percent untrue.
I just learned that he's been reading some of these articles and asking my siblings about them. Like "who abused her?" My concern is that he is very rich, and I'm afraid he'll find any excuse to sue me for libel. I know you're not legal experts, but can you at least help me put my fears to bed? I haven't been able to eat since I heard the news. I feel like I want to pack up and move town and run away. I feel like he's "coming for me."
|
unfortunately we cant put your fears to rest, only you can do that.what I can say is that here in america any one can sue anyone for anything whether its justified or not.
that said libel is a false statement in writing or texting or published piece of work that damages another persons reputation and character. another term for libel in the USA is Defamation of character.
when a person sues someone for libel they have to show in court proof that the statement is a lie and that the false statement damaged their reputation and character... for example he would have to have a work statement showing he was at work during the date and time the article stated the abuse was happening, and show how the statement of abuse caused him to lose his job, neighbors turn against him, family turned against him, could not get a job because of the false statement...
on the defense side of a libel case the person would need to show proof of the abuse and that it was him, he wasnt at work or what ever his alibi's are, you would need to show the court medical records, mental health records, police reports, ... in short prove what you wrote is not a false statement.
then the judge reviews all the evidence from both sides and decides which side has proven their case with evidence not just saying no I didnt do this and yes you did.
if there is evidence of abuse legal action may be taken such as any minor children removed from his care and placed in foster care while an investigation is done, and other legal action on the abuse depending upon the statute of limitations and other legal issues.
if there is evidence that libel was committed legal action can be taken such as probation, prison, or commitment to a mental health facility.
my suggestion would be to not put your self in this situation of publishing statements of abuse unless you have proof that will stand up in court. that way if he does sue you, you will be able to defend your self.
I know that keeping it all inside is not a good thing so until you are ready and have the proof that will stand up in court if you dont have it right now, maybe you can find more private avenues for your writing such as writing a journal or blog that you set the settings at only seen by you. that way this person will not have access to what you are writing and there wont be a libel case against you whether or not its justified.