Sex Crimes, Sex Offenders Sexual touching

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uprock

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My son was accused of "sexual touching" a 13y/o, he is 15. Eveyone knows (including the parents) that this girl is very permiscuis. Her own parents know she lies, but they are trying to get my son in trouble. We have witnesses including her own brother that know that this accusation is false. After all is said and done in a court of law and my son is proven innocent, can we sue them for defamation of character, embarrasement for my son and ourselves or something similar? We are not looking for money, but we just want this girl and parents to know that she cannot do this and get away with it.
Thank you,
Rocky
 
uprock said:
My son was accused of "sexual touching" a 13y/o, he is 15. Eveyone knows (including the parents) that this girl is very permiscuis.

Unfortunately her past relationships or her character cannot be brought to bear unless it specifically relates to the offence.

Her own parents know she lies, but they are trying to get my son in trouble. We have witnesses including her own brother that know that this accusation is false.

Why would they be motivated to get your son in trouble? There must be some history there you're not mentioning.


After all is said and done in a court of law and my son is proven innocent, can we sue them for defamation of character, embarrasement for my son and ourselves or something similar?

Depends. You should probably post something like this in the civil litigation side. Generally you can only sue for demafation if there are some sort of public damages - ie at school, in the media, at work...any place where your reputation is valued. If this just remains private, within the court system...probably no.

Civil litigation, even cut and dry, is a time and money consuming process...it doesn't make sense to not do it for money, but you have to realistically expect what you will get from the victim (or her parents) before you consider a civil suite.

If she turns out to have made this up you can send your message without spending a dime and possibly get her charged with Mischief (in Canada).
 
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