False accusation of a crime

**plinmb** · 09-08-2005, 10:54 AM

ok, ive resently had an incident occur that i need some advice on. A female that i know has actually "falsly pressed charges" the investigative detective told me. She accused me of assault and rape. The detective heard my side of the case and told me that i need not worry about the charges but if i wanted to press charges for wrongly being accused and defamation of character that he'd give me the case number ( which i got anyway ) . She works at a local restraunt and has told everyone there that i slapped her , punched her, and pushed her across the room and she hit her head and i also raped her. There was NO evidence found at the emergency room of physical assault WHATSOEVER and all she kept complaining about what her headache (hangover). what do i do now? should i try a civil suite? lawyer?

**aaron** · 09-08-2005, 12:03 PM

If they were investigating you because she made her allegations to the police, you may wish to inquire as to whether they could charge her with filing a false police report.

We offer an article describing defamation law, which discusses the pros and cons of litigation.

**plinmb** · 09-08-2005, 02:33 PM

The detective said he was going to look into charging her with filing a false report, but that she would not return his phone calls. Im still kinda confused , would this be a good time to call a lawyer, i know the woman doesnt have alot of money at all, and neither do i so if i had to pay more for the lawyer than i could get that wouldnt be worth it, and should i try to take her to civil court and fight this myself? if so what steps should i take there? sorry to be a bother, the article you posted was a big help too! thanks@!

**aaron** · 09-08-2005, 03:07 PM

If she has homeowner's insurance, sometimes that coverage will extend to defamation actions. Otherwise, if she is without assets, you would have to ask yourself if the cost and time invested in litigation is worth the "reward" of getting a judgment that, at the end of the day, may well be uncollectable.

**plinmb** · 09-08-2005, 11:11 PM

aaron thank you sooooo much for your advice ...one quick last question.... if i were to go to small claims court and file a civil suite, and she couldnt pay, would that be the end or do the courts make her pay? what happens? thanks again!!!!!

**aaron** · 09-09-2005, 12:38 AM

If she fails to pay you can probably get the court to order her to disclose her assets, and order garnishment or execution of assets to satisfy the judgment (although that can be cumbersome). It is my understanding that South Carolina does not permit garnishment of wages.

**plinmb** · 09-09-2005, 10:30 AM

Again, Thanks a TON!!! im gonna go through with the civil suite myself so i can save some money. Basically now i just want it in writing that she is a liar and her to stop with them (ive found out now that she is accusing myself and my ex-roomate of having STD's) i swear some time the crazy just comes out in some people huh? Thanks again!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!