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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default Aggravated Defamation / Slander - Proving the Statement is False

    Hi there, I do acknowledge the fact that this forum is dedicated to the law in the United States. But the question that I have is more of something that would apply to more then just one certain country.
    Statement was made in high school by a student in a full classroom claiming teacher's son is a drug dealer. I am the son. I have never dealt drugs before.
    I do use marijuana though and there may be sms messages or phone calls that contain certain marijuana related keywords in them.

    It is said that when a lawsuit is opened for defamation it is only defamation if the victim has been proven innocent of the statement made. Does anybody see some sort of conflict with the messages, phone calls (the content)? Could an investigation on proving the victim innocent backfire on the victim?
    As I said, I read and understood that this is a United States forum. But knowing nothing about law and defamation I would just like a somewhat logical answer from the more experienced of people.
    Thank you.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Aggravated Defamation/Slander Statement; Proving the Victim False

    The problem is that every country has its own set of laws - honestly, it may make such a large difference as to render an entirely different answer based upon where you're located.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Aggravated Defamation / Slander - Proving the Statement is False

    Although defamation laws certainly vary between countries, the number one defense everywhere except perhaps England, is Truth. This does not mean total and complete truth and accuracy. It means "substantial truth."

    As most countries do call weed a drug, the statement was substantially correct and a civil case would be lost. I doubt you'd find any attorney to take the case in the first place.

    Also because the alleged defamation is verbal and just slander, rather than libel that makes it much more difficult to prove and to prove any damages therefore. It makes no difference what you know you heard. Once it gets into court and depositions are taken, etc., the story will have changed.

    Further, in the US the burden of proof is on the plaintiff, but in England and some other countries, the burden of proof is on the defendant. Trying to prove a negative, that a person is NOT a drug dealer is a virtually impossible task legally.

    Waste of time. The issue needs to be addressed in some other way.

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