slander? libel? sexual harassment? A non-employee of government facility

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brap

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My girlfriend is attending a drug rehabilitation government facility in Virginia. As part of the program they not only work with helping with addiction, but correcting what they consider bad personality traits or habits. My girlfriend is an attractive 25 year old woman who has in the past gotten unwanted attention because of her looks. She once got a job partially based on her qualifications and partially based on how attractive she looked (this was made known to her from the former company). While in drug rehab incidents have occured where men in the program have inappropriately said things or written her letters. She took these letters and comments to her counsler, the person in care of her while she was there.

To make a long story short, the assistant director of the facility accused her of causing the situation and called her a prosititute and forced her to admit she was a 'prostitute' because she uses her looks to get what she wants (once again this is not true). Because this was a person of authority in the facility she is attending she felt she had no option but to agree with him even though she was not or has ever been a prostitute for fear of punishment (they would claim she is not improving since she is not willing to admit the truth). I have since looked up the definition of 'prostitute' in Virginia law and from what I can tell it involves trading sex for money, something my girlfriend has never done or ever been accused of. Sexual harrassment laws seem to fit except they only refer to the work place and she is not an employee of the facility.

I realize that it may seem that I am making a big deal over a comment that may not seem like a big deal. But there have been other situations going on in which it seems the persons running the facility are not acting in a manner befitting or conducive to her rehabilitation. The comment has really bothered her and she feels as that no one takes her seriously. Not only that but they have told her that she needs to stand up to men who say inappropriate things to her. This is the reason I am encouraging her to stand up for herself and file a complaint.

Can it be considered sexual harrassment? Is it libel or slander? I do not think this warrants her bringing it to court, but would like to get the facts so that she can file a solid complaint.

Thank you for your time.

Ryan
 
Below are the laws I found in Virginia in regards to what is considered Prostitution and what is Slander/Libel:


§ 18.2-417. Slander and libel.

Any person who shall falsely utter and speak, or falsely write and publish, of and concerning any female of chaste character, any words derogatory of such female's character for virtue and chastity, or imputing to such female acts not virtuous and chaste, or who shall falsely utter and speak, or falsely write and publish, of and concerning another person, any words which from their usual construction and common acceptation are construed as insults and tend to violence and breach of the peace or shall use grossly insulting language to any female of good character or reputation, shall be guilty of a Class 3 misdemeanor.

The defendant shall be entitled to prove upon trial in mitigation of the punishment, the provocation which induced the libelous or slanderous words, or any other fact or circumstance tending to disprove malice, or lessen the criminality of the offense.


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§ 18.2-346. Being a prostitute or prostitution.

A. Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of § 18.2-361, or offers to commit adultery, fornication or any act in violation of § 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor.

B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.


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I have been told that since the comment was not publicized or published that it is not slander. Is there any other argument that can be made? I find it hard to believe that someone can make false accusations that could affect how she lives her life for the next year and there can not be any kind of recourse for doing so, especially when the person is in a position of power within the facility. I am not a lawyer, and maybe there is no defense for such a situation, but if there is I would like to research it further.

Thank You,
Ryan
 
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