Defaming the Innocent
Slander and Libel
Aug 4, 2009 Christopher Pascale
Defamation is a false statement of fact against an individual’s character or reputation, either intentionally or negligently published to a third person, holding the defamed person up to ridicule, contempt, hatred, shame, or disgrace. Defamation has serious repercussions, both personally and professionally for the intended victim. Additionally, the defamed person’s loved ones are victims as well.
There are two types of defamation:
- Slander
- Libel.
Slander is an untrue spoken statement about a person that harms their reputation and standing in their community. A person injured by slander can bring a civil lawsuit against the party that made the false statement.
Where a person is defamed in writing, it is called libel. Libel also includes television broadcasts. In many ways libel is more serious because it is more likely to reach a far greater audience. In New York a libeled person’s damages are presumed because the defamatory statement is preserved for a greater period of time.
Different States Have Different Statutes of Limitations
It is important to note that the statute of limitations for defamation is different in each state. A statute of limitations is the time that a civil or criminal action must be brought forward.
The limitations period begins when a defamatory statement is communicated to someone other than the plaintiff. For instance, in New York, New Jersey, and California the statute of limitations is one year. However, in Washington and Indiana it is two years.
Because of the varying limits from state to state it is imperative that a person who believes they have been defamed speak with an attorney immediately to protect his interests. It is also important to note that the laws regarding defamation in each state are subject to change by acts of their legislatures and appellate courts.
Although a person accused of slander can be brought to court, it must be proven that their statements were truly defamatory unless it is presumed where the statements:
- Attack a person's professional character and standing
- Allege that a person is infected with a sexually transmitted disease (STD)
- Allege that a person has committed a crime
Slander That Can Damage a Person's Profession
It is hard for some to believe, but people make defamatory comments to intentionally hurt another person’s professional credibility every day. One example is rumors spread by an independent gas station owner that a nearby Native American reservation is able to sell its gasoline so cheaply because they put water in their tanks. From this statement it can be inferred that every dollar lost is revenue that the slanderer intended to gain.
On another note, spreading rumors that a co-worker is a compulsive liar is defamation as it is a statement that can only be made with malintent since the only possible result of such a statement being believed would be damaging to the victim's reputation.
False Statements About a Person's Sexual Past or Health
Statistics show that STDs, including the lethal Human Immunodeficiency Virus (HIV), the precursor to the Acquired Immune Deficiency Syndrome (AIDS), are rapidly on the rise among 15-24-year-olds. Since people afflicted with HIV and AIDS are unjustifiably prone to discrimination and social stigma due to perceptions of the disease, falsely stating that a person is HIV positive, or has another STD, is defamatory.
In fact, courts in New York have even found that it is medical malpractice for a doctor to negligently misdiagnose patients as HIV positive when they are not.
When it comes to a marriage contract, a scandal regarding one or both parties can result in a broken arrangement. If two families arranged for their children to be married but the arrangement was broken due to false statements that one party was impure or sick, the damaged party could sue.
Contrary to this, if a person's statements about someone's health resulted in a broken marriage contract, but the statement(s) were true, then there would be no grounds to collect damages as truth is an absolute defense.
Thus, making such true statements does not make one a slanderer. They make him (depending on the company he keeps) a great friend, or a real jerk.
False Statements About Someone Committing a Crime
If someone makes false statements about a person committing a crime, and they are arrested, it is understood that the victim has incurred damages. Even where they are not arrested, the victim has cause of action for defamation because in all likelihood they have, or will, suffer public ridicule and scorn.
By way of example, nothing good could ever come from someone being called a child molester or rapist. In fact, there are few things more damaging, if any. If the person who has been said to be a monster of this proportion can prove that the statements are in fact untrue, then he or she will be entitled to damages.
Slander is not to be taken lightly. It has serious repercussions for the defamed person both personally and professionally. Those who are victims of slander or libel have a personal responsibility to themselves and their loved ones to take measures to preserve and protect their reputations, because once it is stained it is difficult to fix.
This article was written with the guidance of Brian C. Pascale, Esq., an attorney in Mineola, New York, specializing in Plaintiff’s Personal Injury, Labor Law, and Medical Malpractice actions. He can be contacted by phone at 516-741-6800, or email at bcpascale@gmail.com.
* None of the statements contained in this article are to be construed or considered to be legal advice and is solely for informational purposes.
Sources
"Slander". nolo.com.
Bennett, Sherrie. "Slander and Libel". Lawyers.com.
"Defamation, Libel, and Slander Law". expertlaw.com.
"Sexually Transmitted Disease". epigee.org.
“Statute of Limitations”. Citemedialaw.com
“New Jersey Statute of Limitations”. The-injury-lawyer-directory.com
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