Suing Over an Online Accusation of Sexual Abuse / Rape

[Railed]

North Carolina. A woman claims in her blog that she was raped many years ago and names several people including me. I don’t think she can prove anything, but she does have some evidence (not DNA) and a witness. Her story is very long and elaborate. We can’t prove that the rape(s) did not happen, but we are taking action in federal court to force her blog removed. What happens if she ignores the court order? What if she has information that could implicate us? Please explain the possible sequence of events facing us, and could there be a trial? Thanks.

[cyjeff]

If someone ignores a court order, they can be held in contempt.

The named parties should also realize that even though the statute of limitations on the crime has expired, if she is speaking the truth and can prove it to a court of law, there is nothing to stop the publishing of the blog.

"Some evidence" and "witness" lead me to believe there is a thread of truth to her statements against at least SOME of the people.

Yes, she may have to remove those names she cannot prove... but doesn't have to remove those she can.

If there IS a thread of truth to her allegations, I strongly recommend a consultation with an very good attorney prior to federal court.

In other words... you can't stop her publishing her blog if it is true no matter what the damage it causes to the reputations of those named.

[Railed]

"The named parties should also realize that even though the statute of limitations on the crime has expired, if she is speaking the truth and can prove it to a court of law, ... ".

I'm confused. If the SOL has expired, how would she get a court to listen. What did I miss?

[Dogmatique]

Civil action, perhaps?

[cyjeff]

"The named parties should also realize that even though the statute of limitations on the crime has expired, if she is speaking the truth and can prove it to a court of law, ... ".

I'm confused. If the SOL has expired, how would she get a court to listen. What did I miss?

YOU are suing her in federal court. To take down a blog because it is false.

Her defense will be predicated on the fact that her blog is true. To prove this, she will get the opportunity to FINALLY have her case heard in a court of law.

Win or lose, her evidence becomes part of the public record.

Did you believe she wouldn't get to tell HER side of the story?

[Dogmatique]

YOU are suing her in federal court. To take down a blog because it is false.

Her defense will be predicated on the fact that her blog is true. To prove this, she will get the opportunity to FINALLY have her case heard in a court of law.

Win or lose, her evidence becomes part of the public record.

Did you believe she wouldn't get to tell HER side of the story?

Perhaps it may have been wiser not to poke the sleeping tiger...

[cyjeff]

Perhaps it may have been wiser not to poke the sleeping tiger...

Absolutely.

If there is an ounce of truth to the charge, this may even become newsworthy... a "woman does the only thing she can to seek justice and the rapists sue her in federal court to silence her" kinda thing.

There would be women's rights groups lining up to post this story on THEIR sites if the evidence backs the claims.... and from there, who knows?

OP, how would you feel about this little incident being tried in the media... because federal cases, the evidence contained therein and all the names becomes public record....

Google-able public record.

This is definitely one can of worms you want to run past a very good attorney before you pop the top.

By the by... just did a little research...

There is NO statute of limitation on felony rape in North Carolina.

Start here...

N.C. GEN. STAT. § 14-27.2 Rape, first degree
Class B1 felony
N.C. GEN. STAT. § 14-27.2A Rape of a child (under
13); adult offender
Class B1 felony
N.C. GEN. STAT. § 14-27.3 Rape, second degree
Class C felony
N.C. GEN. STAT. § 14-27.4 Sexual offense, first
degree
Class B1 felony
N.C. GEN. STAT. § 14-27.4A. Sexual offense with a
child (under 13); adult offender
Class B1 felony
N.C. GEN. STAT. § 14-27.5 Sexual offense, second
degree
Class C felony
N.C. GEN. STAT. § 14-27.5A Sexual battery
Class A1 misdemeanor
N.C. GEN. STAT. § 14-27.7 Intercourse and sexual
offenses with certain victims
Class E felony if an offender who has assumed
the position of a parent in the home of a
minor victim engages in vaginal
intercourse or a sexual act with victim
Class E felony if a person having custody of a
victim of any age engages in vaginal
intercourse or a sexual act with such victim
Class G felony if an offender who is a school
employee or volunteer at least four years
older than victim engages in vaginal
intercourse or a sexual act with a victim
who is a student at the school where
offender is employed
Class A1 misdemeanor if an offender who is
school personnel less than four years older
than victim engages in vaginal intercourse
or a sexual act with a victim who is a
student
N.C. GEN. STAT. § 14-27.7A Statutory rape or
sexual offense of a person who is 13, 14, or 15
years old
Class B1 felony if offender engages in vaginal
intercourse or a sexual act with a victim
who is 13, 14, or 15 years old, and
offender is at least six years older than
victim
Class C felony if offender engages in vaginal
intercourse or a sexual act with a victim
who is 13, 14, or 15 years old, and
offender is more than four but less than six
years older than victim
N.C. GEN. STAT. § 14-178 Incest
Class B1 felony if offender is at least 12, victim
is under 13, and offender is at least four
years older than victim
Class B1 felony if victim is 13, 14, or 15, and
offender is at least six years older than
victim
Class C felony if victim is 13, 14, or 15, and
offender is more than four but less than six
years older than victim
Otherwise, class F felony
N.C. GEN. STAT. § 14-202.1 Taking indecent
liberties with children
Class F felony
N.C. GEN. STAT. § 14-202.2 Indecent liberties
between children
Applies if offender is under 16 and victim is at
least three years younger than offender
Class 1 misdemeanor
N.C. GEN. STAT. § 14-202.4 Taking indecent
liberties with a student
Class A1 misdemeanor if offender is less than
four years older than victim
Otherwise, class I felony

Statute of Limitations is...

State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973)
No statute of limitations for any felony

N.C. GEN. STAT. § 15-1 Statute of limitations for
misdemeanors
For all misdemeanors, within two years

Again, be VERY careful before you proceed......

[cyjeff]

I thought of something else....

Since there is no SOL on felony rape, the entire purpose of the blog may have been to get you to sue her. Then, her attorney can interview the folks suing her... and may try to get additional evidence to proceed criminally.

It wouldn't be the first time that just such a series of steps let to the conviction of a case that didn't have enough evidence for a criminal conviction.

Unless you are innocent of the crimes being blogged, I would let this sleeping dog lie. Of course, my morality wants to scream "SUE HER INTO THE GROUND" in the hopes that a rape victim can finally find justice... but this is a legal site.

[Dogmatique]

You're not alone.

And let's face it, a savvy attorney would think nothing of orchestrating something like this in order to hand out just enough rope. So to speak.

[Railed]

She claims it happened in another state, that's why we want to sue her in NC. Besides, I doubt she's got the money to pay a lawyer for any civil action. So far, I don't see any major problems, except for her apparent delusions.