[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."

[Luce]

I don't know anything about libel laws but I know about that kind of dad. I hope there would be nothing he could use for that kind of thing.
Have you got support around you? Those dads are scary. Id be scared too. I hopeyou are okay.

[nicoleflynn]

You cant sue someone for telling the truth.....I like a letter of "restorative justice" restorative justice says....this is what you did, this is how it made me feel. I think it takes your power back. The letter is for YOU.

[amandalouise]

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.

[starfruit504]

Originally Posted by amandalouise

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.

I never published his name, never said the abuser was my father, and we don't even have the same surname. I never published dates and times, I mean I don't know that because it was almost 30 years ago. He's never lost a job, he's self-employed and extremely successful. He's suffered no relationship losses since I began writing.

I have no idea how I'd prove abuse that took place so long ago. If I did, I might press charges against him for the sexual abuse and hopefully protect other children he could come in contact with. Since I didn't take action as a child I have no medical records or police records. The first therapist I saw wasn't until I was 18 and he's now deceased. If I can't build a case to press charges for sexual abuse now, how can I build a case to prove I'm not lying? How do people like Elisabeth Corey manage to publish anything then? How do people become speakers for RAINN without being sued for defamation?

[starfruit504]

I guess this answered a lot of my own questions: A Writer's Guide to Defamation and Invasion of Privacy | WritersDigest.com

I have a third party publisher, the content is in the public interest and every step has been taken to make the real person unidentifiable.

[amandalouise]

Originally Posted by starfruit504

I never published his name, never said the abuser was my father, and we don't even have the same surname. I never published dates and times, I mean I don't know that because it was almost 30 years ago. He's never lost a job, he's self-employed and extremely successful. He's suffered no relationship losses since I began writing.

I have no idea how I'd prove abuse that took place so long ago. If I did, I might press charges against him for the sexual abuse and hopefully protect other children he could come in contact with. Since I didn't take action as a child I have no medical records or police records. The first therapist I saw wasn't until I was 18 and he's now deceased. If I can't build a case to press charges for sexual abuse now, how can I build a case to prove I'm not lying? How do people like Elisabeth Corey manage to publish anything then? How do people become speakers for RAINN without being sued for defamation?

how to people publish with out getting sued...

some people confront their abusers before going public. this way everything is out in the open before any thing is put in print.

some people wait until their abusers have died before going public

some people just take the risk to go public because they are at a point in healing that they dont care whether the abuser is going to seek justice either through intimidation, harm or through the court system.

also not every one gets sued. here in america whether to sue someone or not, prosecute and abuser or not is a personal choice. some abusers choose to let it go, let it slide under the carpet, let the "problem" solve itself. Some abusers choose not to sue or prosecute their victims for slander and libel because they know theres a possibility of their going to prison if the courts side with their victims.

my point is there is no way to know for sure whether someones abuser is going to figure out their victim is telling on them. some do some dont. usually the ones that do are the ones that are persistent and know they did something wrong so they have a need to shut up\silence their victims. thats why I always tell someone unless you have proof that will stand up in court dont put anything in print even if you dont use names and dates. even something so simple as describing the abuse can lead to an abuser discovering their victim is telling, one person i know thought she was completely safe because she did not tell the abusers name and places and dates but in the end what did it was the abuser recognized the description of the abuse act. abusers have patterns and this abuser recognized their pattern. I know someone else that was found out because their statements of abuse contained what the victim looked like, wore and how they reacted before, during and after.

Im not telling you this to scare you, my point of telling you this is that should you decide to continue writing about your father and the abuse you will need to edit not only names and dates, you will need to change /edit more than just his name and dates and such. you will need to also make a plan for ....in the event that... he discovers its you. obviously something in you is telling you its a very real possibility of him discovering its you and you are writing about what he did to you. other wise you would not have even thought to ask the question of whether he can sue you or not.

if someone is questioning whether someone can sue them for false abuse statements...... here in my location..... that points to two things...

1. theres a possibility that the articles may contain false statements
2. something or someone, possibly the abuser has told the victim that they know what they are doing and they better stop before they get sued.

here in my location....usually getting sued doesnt enter someone's mind out of the blue if neither of those two things are happening.

since you have a fear of being sued (which is evidenced by your first post in this thread) that tells me its time to think about making a plan just in case it does happen. that way you are fully prepared and it wont be like a time bomb waiting to explode. you will have your plan and you can continue to write what you want knowing full well you will be safe and ok if he finds out what you are doing.

If my T thinks I don't have enough ammunition to use against him, he would be WRONG. He is one miserable low-life scum bag writing things he has no legal right to. Writing LIES, LIES, and more LIES.

When/if I ever go against him...in the writing game....it will be HIM that pays the highest cost of losing....

Never in my life have I met someone so offensive, so brutal, so cruel as my T.

[Lauliza]

If you don't identify your abuser by name or in any other way then you should be safe. Many people use pseudonyms so parents can't be identified or other connections can't be made.

[leomama]

I feel you. I've been slandered by mom and my ex who accused me of writing about them all over the Internet or on Facebook yet the facts are I haven't .

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