What can she get for slander in DE

[Mandie1020]

I am a EMT Volunteer member of a fire department and so is the person that is suing me. I had a call from her husband that is a DR (Big guy in the community) that stated that he heard from a good source that I was saying his wife is a Lesbian. I told him that I had heard it and been present during many "gossip" sessions that were going on when people were saying that she was however I stated that she could be but I was not sure but she could be . I also asked for this "source" so I could confront them and he said he would not reveal this person. This has been a ongoing rumor but for some reason they are targeting me. I do not agree with them politically in the department. This woman has a history of being unstable trying to kill her self in the past. Bottom line she put on her facebook today that she is and her husband are seeing their lawyer today. They definitely have the money o do whatever they want. I feel I am being targeted and harassed I do have a witness that said this has been a LONG on going rumor What do you think next step should be and what can she get from me. I am a mom of 3 barely making it now and btw she has never worked she is independently wealthy no JOB. Thanks in advance

 

[jharris352]

Don't worry about it. Calling a female a lesbian maybe in poor taste, but I would question whether or not it is actionable anymore. In any case, States I am familiar with have a requirement that one write a sort of cease and desist letter where they tell you to recant. If you do so then no suit can be brought. I have been searching Delaware law for their slander/defamation statutes (I'm embarrassed to say I can't find it) (maybe they rely on common law defamation).

In any case common law defamation goes like this: Slander is telling a lie about someone that must be believed, and must cause actual damage to the person it is told about. Damage is very hard to prove and even harder to attach a number to.

So imagine if you will them suing you. First they have to prove you called her a lesbian (not that you heard she was a lesbian but that you know she is a lesbian). Next they would have to come up with someone who heard this lie (directly from you not down the chain) who firmly believes that she is a lesbian. Finally they would have to show that the lie caused her monetary damage. All of that is very very difficult to do.

Relax, you are ok.

 

[Mandie1020]

Thank you so much for taking the time to research for me. I guess I will just have to wait and see how it goes from here and learn my lesson to never get wrapped up in gossip and drama around me.

 

[mightymoose]

Besides... apparently it was not a lie...