Slander?

[Trista]

Jurisdiction

Pennsylvania

Okay, I have a couple questions that I guess I will have to post in different areas. My first question is, I am trying to move to Ohio with my kids with my fiancé. I stay home with the kids and if not granted, our lives will be greatly changed. However, in effort to stop me from taking the kids with me, my ex husband has Falsly accused my 16 yr old daughter of forcing our 13 yr old daughter to stand in the closet while she an her boyfriend had sex on our daughters bed. But he also said they force her to watch. Contradicting himself. Now, for starters, there is no closet in our daughters room, she has never met my daughters boyfriend or seen him in person as he lives out of state, he is 18 and this also poses a problem with the possibility of charges being brought up for sleeping with a minor if IN FACT he were telling the truth. He spoke this in court to the judge with no proof, when the kids weren't there to say whether it happened or not, and when questioned why he had never spoken a word of it to me, he said he hadn't gotten around to it yet, even tho he claims this happened months ago. It was quite obvious it never happened. Numerous people heard him testify to this. My question is, can I sue him for slander on my daughters behalf? She did nothing wrong and her character was greatly tainted with these accusations. It has been over 3 months and the judge still has not ruled. Both girls were disgusted and mortified of the accusation and the young mans parents are outraged. What are my options?

 

[army judge]

Okay, I have a couple questions that I guess I will have to post in different areas. My first question is, I am trying to move to Ohio with my kids with my fiancé. I stay home with the kids and if not granted, our lives will be greatly changed. However, in effort to stop me from taking the kids with me, my ex husband has Falsly accused my 16 yr old daughter of forcing our 13 yr old daughter to stand in the closet while she an her boyfriend had sex on our daughters bed. But he also said they force her to watch. Contradicting himself. Now, for starters, there is no closet in our daughters room, she has never met my daughters boyfriend or seen him in person as he lives out of state, he is 18 and this also poses a problem with the possibility of charges being brought up for sleeping with a minor if IN FACT he were telling the truth. He spoke this in court to the judge with no proof, when the kids weren't there to say whether it happened or not, and when questioned why he had never spoken a word of it to me, he said he hadn't gotten around to it yet, even tho he claims this happened months ago. It was quite obvious it never happened. Numerous people heard him testify to this. My question is, can I sue him for slander on my daughters behalf? She did nothing wrong and her character was greatly tainted with these accusations. It has been over 3 months and the judge still has not ruled. Both girls were disgusted and mortified of the accusation and the young mans parents are outraged. What are my options?

Anything one says in court, under oath, precludes another party from successfully prosecuting a lawsuit for the common law tort of slander.

Your bigger worry at this juncture is that you alluded herein to allowing your minor daughter to consort with an adult male.

Even when adult male predators are 5,000 miles away, some find themselves charged with certain crimes against minors for lewd, lascivious, salacious, intimate conversations.

Pictures and poses are readily exchanged via the web.

If, in fact, the sibling were allowed, permitted, or forced to observe her minor sister engaging in sexual acts with an adult; that could portend BIG trouble for you madam.

If, note the use of the word, IF.

The ruling has most likely been delayed these 90 odd days as the allegations made in court, under oath are being investigated.

Your denial means nothing.

I certainly hope you rebutted his allegations in court.

I suggest you discuss this with an attorney in your county.

This COULD be a ticking time bomb for someone, perhaps ALL of you.

 

[Trista]

You must have misread something. My daughter, in fact, has NOT done anything with anyone. She does have a long distance "relationship" with a boy, but they did not do anything. The accusation was that they did and forced another child to watch. That is the severity off e accusation.

There has been no opportunity to do anything as they don't see one another without supervision. They met on a church outing. Not that it makes any difference really...but it concerns me that you said my minor daughter "consorts with"... I'm not sure what you meant by that... But the point was that the accusation was a complete lie and I can prove it. So I can't sue for slander? Because it is a disgusting accusation. Please re read my post.

Actually, I'm beginning to wonder if you read any of it... My entire post was that the accusation was FALSE and I thoroughly explained that. Why in the world would you say I allowed it to happen??? There was NOTHING to allow happen! Because #1 our daughter has never met him. #2 there is not a closet in her room but her dad doesn't know this. #3 the ONE day this boy visited with us, the two of them were never left alone to even do anything alone and there was NO OTHER KIDS IN THE HOUSE! #4 when he was questioned as to why he had not told me if this had actually happened, he said he hadn't gotten around to it. And you say MY DENIAL MEANS NOTHING??? What are you talking about? Also, if anyone believed his accusation, I would think even the boy's parents would have heard something by now. BY ALL MEANS, INVESTIGATE! We certainly don't have anything to hide. Then MAYBE someone will hold him accountable for his lies. Please sir, if you aren't going to read the message in its entirety, do not reply. To be honest, your answer doesn't make sense. There were disgusting false accusations made that could greatly affect innocent people's lives and somewhere along the line you got the idea that I let this happen? Explain HOW you came to this conclusion.

Will that much I have figured out I'm just wanting to know what I can do about it there's a reason you take an oath . I also know that it is not legal to say things about people that could potentially ruin their lives but it's a little unclear as to whether not I can sue for slander or if I have to go about it by pushing the issue of perjury

Either way he needs to be taught a lesson about lying in court it should not be expected or accepted. It's one thing to be misinformed it's another to tell a blatant lie .

However you are right it does happen and often I'm just wondering how I can put a stop to this or at least make him think twice before he does it

My other question is the young man's parents are deeply disturbed by this accusation and they plan on taking legal action themselves young man's father works for the government. They are good people and these are good kids and they don't deserve for something like this to be said about them it's really truly disgusting and it's got a make you wonder what kind of a father would make something up like that about his own daughter... very sick.

I have a wide variety of friends and a few of them are lawyers I got on this website to find out if there was anything I could do because everyone else was asleep and this is something that's been weighing heavily on my mind and my heart it's not an action that I want to take out of spite but it is something that is necessary needs to be done there should be a way for me to defend and protect my daughter if I can sue if it wasn't said in court then I should be able to sue because it was said in court it should actually be worse to lie in court after you've taken the oath to tell nothing but the truth so help us God then it is to lie to complete stranger the fact of the matter is this lie that he told affects a lot of people and it is affecting our children unnecessarily the whole point of a custody trial is to determine where the children are going to thrive where they are better off it doesn't seem like such a hard decision when you take into consideration that he lied about a child that was his stepdaughter and lied about his own daughter just to get his way putting all these people at risk just to get his way

When I hear back from other friends that are lawyers I'll let you know what they said as far as my options in case theres anyone else wondering

I apologize for the lack of punctuation I'm doing this through voice to text

 

[KatDini]

People lie in family court all the time. Judges expect it.