Suing Someone For False Accusations: U.S. False Accusations Law Guide

What Are False Accusations?

First, let’s start with false accusations and their definition. What exactly does “accusation” mean in the context of this post? For starters, false accusations may also be referred to as false allegations or unfounded accusations, and typically occur in the following situations:

• In the ordinary course of everyday life,
• Judicially, &
• Quasi-judicially (think of an arbitrator or administrative agency with powers resembling that of a legal court).

Specifically, false accusations refer to an unsubstantiated claim. Meaning, the claim or statement lacks supporting evidence to determine its veracity (whether it’s true or false). False accusations may generally be divided into three core categories:

• Completely fabricated: allegations which are entirely false, as the events in question didn’t actually happen.
• Wrongly accused perpetrator: allegations which allude to an event that did in fact happen, but were committed or perpetrated by a different individual than the one accused.
• Mixed allegations: allegations which combine both actual events and facts with things that never occurred.

So, what are some of the reasons for persons making false accusations and allegations? False accusations can be the product of several things, such as a person intentionally lying in order to further their own agenda, or unintentionally lying due to a distorted memory or mental illness. It’s also not unheard of for persons to raise false accusations against another in cases of “suggestive questioning” or improper and coercive interviewing techniques by police.

Legal Recourse For False Accusations

Let’s say you have been accused and charged of a crime you didn’t commit or other false criminal accusations – What legal recourse is there for false accusations? Keep in mind that if you have been charged with a crime and it has yet to be resolved in the legal system, then you cannot yet file a civil suit for false accusations/allegations. It’s only after you have been cleared by court of law and exonerated, that you have the legal right to commence a civil suit for financial compensation. Below are the most common types of claims that may be filed in response to having false accusations made about you.

Defamation of Character

Simply put, defamation of character refers to a false statement communicated to a third-party, which ultimately causes damage or harm to a person’s reputation. Defamation of character can be broken down into two fundamental types, depending on the form in which the statement was conveyed; libel and slander.

• Libel: the written communication of a false assertion of fact, which subsequently causes harm to another person’s reputation.
• Slander: the oral communication of a false assertion of fact, which subsequently causes harm to another person’s reputation.

For example, if you were falsely accused of child abuse or rape, and ultimately were fired from your job or suffered a certain type of loss or standing in your community, then you may have a claim for defamation of character. To check out your state’s respective defamation laws and statutes of limitations, head on over to our Complete Guide to US Internet Defamation Law. A defamed party who has been the victim of a statement imputing a serious crime, or crime or moral turpitude, may not have to actually prove damages in their claim, as they will be presumed. Such legal principle is referred to as ‘defamation per se’, and arises in cases where a defendant has made such an inherently defamatory and inflammatory statement about someone (such as charging them with a serious crime or about their profession). So, keep in mind, if you have been falsely accused of rape, robbery, or another serious crime, you may have a case for defamation of character.

Malicious Prosecution

Secondly, if you’ve had a criminal or civil charge brought against you, and you suspect the other party was fully cognizant of the claim’s falsity, then you may have a claim for malicious prosecution. Specifically, malicious prosecution is an intentional tort, which requires:

• The intentional and malicious pursuing of a legal action,
• Without probable cause,
• Which is ultimately dismissed in favor of the victim.

16 U.S. states do however require an extra element to be proved in malicious prosecution cases. Such element is commonly referred to as ‘The English Rule,’ and requires a person prove they suffered injury and damage exceeding that of the “normal” consequences of being sued. Some examples include proving your business’s bottom line suffered, along with other tangible, measurable damages.

False Imprisonment

Finally, if you’ve been falsely imprisoned due to false accusations, then you may have a potential claim for ‘false imprisonment’. Note that false imprisonment does not require the actual physical restraint of a person, as long as the person in question is under the belief that they are not free to leave. To prove false imprisonment in the United States, plaintiffs must generally prove:

• There was a detention in a bounded area,
• Without consent, and
• Without a legal or lawful arrest.

Some common examples of false imprisonment include, a bank robber taking hostages at a bank and a restaurant owner detaining a diner for failure to pay.

Defamation Law Tip: In the wild word of defamation, there’s numerous defenses parties can rely on when confronted with a libel or slander claim. Some of the most common defenses to defamation claims include: (1) truth, (2) opinion, (3) privilege, (4) consent, & (5) innocent dissemination.

Popular Cases Involving False Accusations

Below are just two of the most popular instances where persons are falsely accused of having committed a crime or other inappropriate act.

Rape

The false accusation of rape is a person’s intentional statement or reporting of a rape when one has not actually happened. While it can be difficult to determine the veracity of all rape allegations, it’s estimated that anywhere from 2% to 10% of all rape accusations are false. Felony rape is generally punishable by multiple years in state prison, and requires persons to register as a sex offender (usually for the rest of their lives), so lodging an unfounded rape accusation stands to change an innocent party’s life completely. Such consequences of being falsely accused of rape include:

• Being unable to work certain jobs (education, government, healthcare),
• Being excluded from welfare programs,
• Losing one’s right to bear arms, and
• Disqualification and revocation of any professional licenses.

In August, 2018, a woman was sentenced to one year in jail for making false rape accusations against two college football players. Her charge? A misdemeanor charge of “falsely reporting an incident” and “interfering with police.” Such case proves you can go to jail for false accusations. However, the punishment appears relatively disproportionate for the potential harm and stigma caused.

Child Abuse

False accusations of child abuse impute that a person has committed child abuse or child sexual abuse, when in fact, there was no abuse committed by the person accused. Being falsely accused of child sexual abuse carries great potential for stigmatization and damage to one’s reputation, as denial of child abuse by the accused party, is not commonly accepted. False reports of child abuse and child sexual abuse are especially common in custody and divorce proceedings, and are typically made after being coercively questioned or interrogated by the persons who believe (or want to believe) the abuse has happened. Oftentimes, children are not the ones making false accusations themselves, with most of the false accusations and allegations actually being initiated by an adult on their behalf.

Defamation Law Fact: Generally speaking, slander claims are usually required to be brought before libel claims due to their potentially fleeting evidence. Make sure you familiarize yourself with your state’s respective defamation statute of limitations, otherwise you may be barred completely from bringing an action altogether. Furthermore, we strongly recommend you consult an experienced defamation attorney to help assist you in any filing and discovery requirements.

If you’ve been falsely accused of sexual harassment, domestic violence, rape, or other crimes, we strongly suggest you reach out to an experienced internet defamation attorney to assist you in understanding your rights and legal recourse. False accusations and online defamation are two highly nuanced areas of law, so it’s extremely important to consult an experienced professional.

Work With the Defamation Lawyers of Minc Law to Refute False Accusations!

If you’ve been the victim of false accusations or other defamatory attacks, contact the internet defamation removal lawyers of Minc Law today! You may be asking yourself, “Can an Attorney in Another State Represent Me?” The attorneys of Minc Law have litigated in over 19 states and 3 countries, and are available to hear your case no matter your location. . Furthermore, we’ve secured the removal of over 25,000 pieces of defamatory and baseless online content, so know that when working with the nationally recognized lawyers of Minc Law, you’re in good hands. Here’s what you can expect when working with the defamation lawyers of Minc Law:

• Respect & Courtesy: At Minc Law, we understand how invasive and overwhelming online defamation can be, so take solace in knowing that we are always on your side. After all, your goals are our goals.
• Open Dialogue & Communication: Some lawyers go missing once the defamation removal process has started. Not us. Once we’ve started with the takedown process, we will make sure to constantly update you with important details of your case. We’re here to keep you informed.
• We Get Results: Websites and businesses respond to Minc Law internet defamation attorneys. And, we’ve worked tirelessly in our tenure with website administrators, content managers, and third-party arbitration firms to secure swift and permanent removals.

Reach out today to schedule your free, initial no-obligation consultation with an intake specialist by calling us at (216) 373-7706 or by scheduling a meeting online by filling out our online contact form.

At Minc Law, we’re here to fight for your reputation.