Can I Sue for False Accusations?

A false accusation is where an unfounded or unsubstantiated allegation is made against a person. A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally or resulting from deliberate or accidental suggestive questioning, or faulty interviewing techniques. The accusations can be broken down in three categories:

  • An allegation about alleged events that did not occur;
  • An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent.
  • An allegation that is partly and partly false but the person’s account of the facts implicated the accused person wrong.

The biggest effect that a false accusation has is on a person’s character whereby the accusations made defame a person’s reputation. False accusations may be made by the police or any other person.

Can I sue for false Accusations? YES

You can sue for false accusations made by a person or the police. The effect of false accusations affects a person’s reputation because they are either falsely accused of a crime or falsely accused of act that did not take place. Common types of false allegations involves sexual abuse, child abuse, drug accuse or the commission of any crime. A person can sue under the tort of defamation which may either be in the form of slander, libel or defamation of character. Slander is untrue words spoken orally with the purpose of harming an individual reputation. It must be proven that the individual made the statements maliciously to harm the reputation of a person for their own personal reasons. While libel is where statements are printed that falsely depicts individual in a certain way that ruin their reputation. To prove libel it has to be shown that the printed allegations were not only insulting and offensive but it was it malice. Defamation of character concerns the act of making false statements about a person which blemishes or tarnishes his/her reputation.  Defamation of character can either be libel or slander.

False accusation is considered to be defamatory per se category where of false statements are so innately harmful. Traditionally, damages for such false statements are presumed and do not have to be proven. This shows the serious damaging effects that false accusations may have on an individual’s reputation. An example of this is where someone accuses you falsely of rape. It is common knowledge that being accused of rape tarnishes a person’s reputation. A person is awarded damages for false accusations when a defamation claim is brought against them.

Can I Sue a person for False Accusations?YES

Where someone is falsely accusing you of acts that did not take place or actions which did transpired but you are falsely being accused you can sue them. First it is always best and cheaper to demand the person to cease and desist or to make a public apology. However, because of the nature of the allegations that were made you probably want vindication by the court to state that the person was malicious and vindictive or they did not have probable cause to allege that you did such an act. Additionally, you may have suffered mental distress as a result of the false statements as such compensation is needed. Compensation is awarded in cases of false accusations to recompense the person for damage to reputation and any anxiety caused by it.

Falsely accusing someone for acts which may or may not be criminal can seriously damage a person’s reputation. Therefore, you can sue anyone who was responsible for making the false accusations. These persons can include police officers where they act without probable cause or anyone acts with malicious intent. The issue of false allegation in the criminal sphere is so serious that proof of loss is does not have to be shown by the victim before they can receive damages.

 

About Janique Williams

17 Responses to “Can I Sue for False Accusations?”

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  1. Lavance Newton says:

    @janique, Hi I was terminated for a false accusation. My employer never provided any proof, nothing but what they think and no actual proof was given that supported the allegation. They suspended me for three days pending investigation and this never happened in the past. I felt judged and already felt that my job was at a loss.

  2. mary joy says:

    @mary,Hi i was called in my boss office and false me of neglect a resident but its not true i explain what happen and they not believe me they no have any evidence on that day.for my point of view she just believe wed the paper report in her hands or report false from the others.for 8 years working in these nursing home got me these trouble,neglect accusation in the nursing home is serious matter,,,…but for me i have proof to show that is not me what can do its give me stress from work.

    • lynda sinclaire says:

      This is really serious and I have total sympathy for you because this can happen often. The worst is when you get your DBS back stating untrue allegations and you have to challenge it and that costs money. Have you challenged it?

    • rob says:

      I need help on a false accusation it’s affecting my life too add to it I just found out after 14. Years I was never notified.please help

  3. will says:

    Last year I was accused of doing drugs by 2 family members. Ive taken drug tests in the form of blood (due to a car wreck) and a urine test for a job. Both came back clean. Last week my brother again accused me of doing drugs. Im at my witts end. This has caused me a lot of emotional turmoil. What can I do? My brother and sister wont leave me alone! I wouldnt even finish the tramadol the doctor gave me for a chest injury due to my accident. How can they legally continue to slander my name and defame me?

  4. max cook says:

    i would like to sue euro truck simulator 2 for every penny they have looking for
    £540 because i asked them for a product key they said ok they never gave it
    to me they said you never brough it it i did that was games fault in westwood cross thanet i will sue them for £365 i told them i payed £12.99 for it.
    They said it was your fault i said no u cant do that the product key should
    be inside it so i took it back and they refused so i want to sue both companys

  5. Jeremy Mount says:

    Hello,

    Thank you for reviewing this question and for your professional time and help.

    An Ex girl friend of mine has filed a police report stating I assaulted her by bringing her to the ground in a wrestling style and also she suffered a bruise on her back from hitting the wall as she went down.
    We had a fight and she would not allow me to leave for a walk to get away from her. She blocked the door as she stated in the police report and I forced open the door and had to push her and me into the hallway. She bit my finger when we began scuffling by the door and I was afraid she would punch my face as well so I locked arms with her like wrestlers do and took her down to the ground as well as I could. once down we both stopped fighting and I sat next to her catching my breath while she said she hurt her back. I asked if I should call an ambulance for her and she told me to get away and began crawling away from me. I was totally perplexed as to what to do???? I had never wrestled a woman like that in my life and just wanted out of my apartment because the fight was getting so rediculious and she was accusing me of the stupidest things just to keep the fight going…. It was getting mentaly abusive to me and she was saying some very hurtful things. Any way to make a long story short she filed that I tried to “throw her down the stairs” But we have two doors you much first open to get to the stairs. the doors where closed the whole time we had our altercation.

    So basically she lied to make it look worse for me and now I’m going to court for assault and trying to push her down stairs… I guess.

    My question is this. We later became friends again and I video taped her reading the summons to court for Assault and also the police report she gave. I asked her why she stated I tried to throw her down the stairs and she said that we “BOTH” assaulted each other and she didn’t know why they weren’t going after “her for assault” as well. she also stated in the video that she would “write a letter to the police explaining the false report about the stairs.”

    Now I have a new girl friend and now my EX refuses to admit the previous lie about the stairs. how ever I have it on video she is retracting her report.

    Is that slander and can I sue her for false reporting? Can I have charges brought on her for showing she is intentionally lying as she admitted the error and even said she wanted to fix it and is now denying it again?

    Thank you so much for your time.

    Have a great day. -Jeremy Mount

  6. Jessica says:

    Hi im geting acused of sellin drugs where i live
    And the neighbor put loud ass music at all time and i dont even smoke weed
    Or do nothing he keep tryin to call the cops on me wif false accusations and tking pictures of me everytime i smoke cig when i go down for cig break can i sue for that?

  7. sher says:

    My home was broken into, my neighbor said, it was me, she has met me once briefly over a year ago, I was no where near my home, police say they believe her bc she said she has met me on several occasions. Since this happened all of my other neighbors are talking behind my back,I am so angry, humiliated, she has my boyfriend and me are fighting. I need help on what I could do. HELP!

  8. Marcus says:

    Hello. Ive been accused of stealing cars by the police. They’ve came to my job and told the owner that ive been ateali stealing cars. Im about to lose my job. My friend who was with me was harassed and was told to never come back to that county. What do I do?

  9. roberto says:

    I was fasley accused by a restutant staff and now I have lost my family not because they believe it but because they ate forcing us not to talk to each other until the onvestigation ends and I belive its false because I didnt do anything wrong

  10. James says:

    I recently moved out of an inlaw appartment because I couldn’t get things fixed. Now that I have gone they are trying to get money of me for things that need to be fixed, that I reported to them numerous times. Who can I contact about this.

  11. cassie says:

    my ex boyfriend gave me his ex girlfriends diamond ear rings when he found out I was cheating I eventually pawned the ear rings which I know sounds as if I am guilty but he lied and said I broke into his house and stole them. I was arrested for burglary in which I honestly didn’t do can I sue him?

  12. Stephanie says:

    Hi,
    My name is Stephanie and my kids were attending a child development center ran by the Army and my husband was constantly complaining about the care that was given to our kids. He complained through the ICE system which is: interactive customer evaluation system and he complained to the director and teachers. As a result he found out that all of the complaints were being sent to the director which he had a issue with. Therefore, he brought the intention up to IG which is the inspector general. As a result, the CDC contacted social services and told them that we were neglectful parents which is false. We provide shelter, food, clothing, child care, we care for them in a loving way, we provide insurance, we do everything we can for them. We both work so hard for our kids and it is like a kick in the stomach. Well this is causing some issues regarding his work (he might get kicked out of the army) and my work. I want to know can I sue for slander of character if I can who do I talk to? BTW I am located at Schofield Barracks HI

  13. Joanne Norris-Pacey says:

    Hi , I am a childminder and a parent a
    Has recently accused me of smacking their child. I have a witness that was present and knows that this did not happen. They made the claim to social services and now I have to tell all the other parents. Obviously this is going to be damaging to my reputation and business. I am deeply upset and losing sleep already as a result that now my home and my children are going to be investigated into… I was wondering if I could sue the person doing this? Thank you

  14. Mesha says:

    Hi I am being falsely accused of writing a check and cashing it how do I go about suing this individual that is making these allegations against me.

  15. Jane Jacob says:

    My purse was stolen out of my car months ago and the person who stole my identity used my card for gas, a month later tried to cash an enormous amount from my account, and recently was pulled over by a police officer and used my information on the police report it states no id or insurance so am I able to sue based on falsified information and the police not throughly identifying the person? As well the detective has not followed up with me in months after telling months ago my case wasn’t that serious. I tried to pull up my police report on their database and it’s not there. Seems suspicious or police are being lazy.

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