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

28 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?

    • Dana says:

      I wAs detained by the police but never arrested I received a certificate of release 60 days later the officer contacted my employer stating I said if he is ever a patient at the hospital that I work at I would make his life miserable I am now suspended and possibly fired help

  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.

  16. Shazad Zaman says:

    I was falsely accused today with Police coming to my house on false allegations. I would like to ask what grounds do I have if any can I get myself clear of the allegation. It is somewhat stressful to be treated in the manner I have.

  17. Larry says:

    Hi Janique
    In 2013 I received a full sponsorship from an elderly woman for a project which is still years away from completion. I have several other sponsors who contribute building materials and provide some form of exposure or assistance too. After a falling out with this woman in May of 2013 she arrIved in tears begging for forgiveness and pleading that I exhibit my work at her annual fair. A deal was struck that I would have the project ready for public viewing by the time the fair came and she would pay me three months salary to cover any expenses I had. The sponsorship amounted to roughly 35 000ZAR. In the weeks following the fair I moved into a cottage. While she visited and helped me move she “accidentally” set fire to one of the bedrooms and the damages amounted to roughly (including compensation) 10 000ZAR.

    She faithfully paid me ever month and repaired the damages and promised that I didn’t owe her anything… by December 2013 she missed in invitation to a possible move to a different provence and immediatly started defaming my character by calling me a con man and a scam artist to people in the industry. Furyhermore, accusing me of oweing her up to 54000ZAR. she then started breaking into my personal email accounts, facebook, my website for the project and started conveniently shutting the pages down. Eventually when she retured from holiday she met with me in front of a witness and the story was cleared out. It was agreed that she falsly accused me and that she would no longr be a part of the project on account of her uncalled for outburst. Well, it wasnt long after she started accusing me again – this time in a small claim court with her husband lying on her behalf under oath… telling everyone that I “loaned” the money, she was an “investor”, that I just “took the project way from her” without any reason and because her hubby lied for her she got away with it. Shes even running defamatory websites tarnishing me and portraying me as an “abuser” and a “sociopath “…

    I am unemployed. I have a witness who is fighting her in civil court on my behalf for defamation of character – so in return, this woman hits back with a quarter of a million lawsuit – apparently I defamed her… and now she wants 9% interest for setting fire to my house… on top of it all. It all just seems futile. I am falsely being accused by this person all over again… and she gets away with murder! There are simply no consequences for her. She enjoys the attention and theres nothing I can do about it. Shes like a stalker who just won’t leave me alone.

    Please tell me if she is found out to be a liar, that there will be severe consequences for her. Imprisonment is apparently the consequence but that seems far fetched. She just wants to stroll into the sunset and pretend to be the victim of a financial crime.

    What could impossibly do??

  18. Angel Mackenzie Morgan says:

    evening. My husband has been arrested 4 murder, arsen, attempted murder and demage of property. He is in custody 4 the 5th month now and wants 2 know what he can do. He’s been denied bail no evidence was found against him. The 2 minor boys who said they were with him on the nigth of the burning are outside. The reason why he has been denied bail is becoz those 2 boys said that they are afraid he will hurt them when he is given bail. My husband asked the C.I.D wu arrested him 2 go ask 4 footage at the garage that the boys said my husband went and bought patrol 2 burn down the shop in which the owner died, he said that he doesn’t appreciate people telling him how 2 do his job. The case keep on being postponed so what procedures can be taken in this matter. Kindly asking on my husbands behalf. There are much more lies that even makes my boyz cry almost everyday of the lies they hear abot their father. My daugher always ask me where is daddy and my 8mnt old doesn’t even know her father. This is frustrating me and I am even attending counselling due 2 stress. The counsellor even said that she will attend my boys at school mix wit ada children so that they can get use to her first than she will take it from there with them alone.

  19. Michael says:

    I have been accused of theft!!! I own a custom hot rod shop. I was given a certain amount if money to buy parts for this car and I did. The man say I stole 20,000$ I have 17,000$ in parts receipts not to mention hundreds of hours of labor in his car. I have given the investigators all the parts receipts and I am waiting for the da to charge me or let me move on. The man did not give me 20,000$ My bank statements clear 11,450$. Do I have a case to sue?

  20. Nigel Rickman says:

    20 Years ago I was a Civil Servant,who was obliged to report a friend’s ex-wife for fraudulent claiming of benefit,My friend was staying at my home at this time.He told me she wanted him to cease contact with his children,and stated she would cry”Child abuse”. When she was subsequently interviewed,under caution,by Benefits Agency Fraud team,and her benefit stopped,she decided to carry out her threat,but had me,too,arrested.I was held for several hours in Police custody,and given bail,pending further enquiries. The police already knew her for her wilfull allegations,but this did little to help me,as I was obliged to report this arrest to my employers,the Employment Service. This was soul destroying,and my mental health began to deteriorate.,to the point that I left the Civil Service on medical retirement.I have had massive financial losses,and my mental and physical health has worsened to the point that I am unable to earn.How do ai stand?

  21. Sharece Shelby says:

    I am being accused of molesting my nephews so is my other nephew. The start of this is my husband sisters children came to my home and showed me burns on the chest on one boy he asked me to help I did I hotlined her she told her boys to say that my nephew and I touched and raped them my nephew does not live here in the same town family services took ten of my children out my home because she is trying to get back at me for calling Dfs on her none of this is true I’m in great need of an lawyer to sue her for slander and libel please help me

  22. johnwayno says:

    I was accused by my neighbour of running over his foot which the CCTV proves that this never happened, he also accused my wife of pushing him which never happened, he has also said we did criminal damage to his car again the CCTV proves this did not happen, the police were investigation his complaint which the CCTV proves is made up………… what should my steps be in getting first the police and then the man to pay me for the stress he has caused me and my wife?? please help any advice.

  23. chris says:

    I was accused for theft by a gas station I was proven innocent but now the corporate banned me from all gas stations what do I do their ruining my reputation

  24. Erin says:

    HI, In August of 2014 I was wrongly accused of accessing some ones medical information and committing a HIPPA violation. I was called into the Supervisors office and told that I knew that a certain website that I had access to was for “out” patients only. I stated, “yes.” Then she said that 2 people came to her and told her that they saw me on this website looking at info of an employer that had recently been out for some medical issues. I was really offended and upset that I would be accused of that and swore to her that I had not done it. I then told her that I wanted to call the security over the website and find out what IP address it was accessed from and also time and day. I stupidly had made the mistake of leaving my pw and user name in a bucket by my desk but out of site because it was some funky UI and PW. She then replied that she didn’t want me to contact them and not to make a big deal out of it, but to me it is a big deal because they were questioning my integrity as a person as a nurse and as a human being. I then was told that she was gonna type up a letter that I would need to sign that she talked to me about it but assured me I would not lose my job as long as I signed this letter. I told her I would not sign it but that I would put on the bottom that I wanted security to be contacted and I was told not to make a big deal out of it because it would draw attention, then I would sign it. I left her office crying and clocked out and left, the rest of the week I could barley speak to anyone as I was made to feel like a criminal. Then the following week I walked into her office for something, can recall exactly what I think to grab a piece of candy and was told by her that she needed to talk. I said ok. She then proceeded to tell me that she called the security person at the Hospital ( whose records I had access to) and they said that I in fact had NOT ACCESSED this individuals medical record. I told her that I was telling the truth and if the people that lied on me about that who knows what else they would lie about. Although she would not tell me who accused me I have an ideal that it was 2 of the other people that I worked closely with just because their demeanor towards me was often that of hostility. I went to the supervisor several times and nothing was ever done. Only thing that would happen is she would tell the other 2 people what I had said and they would retaliate against me by accusing me of stuff or being very rude. I was let go from employment back January 2015 and for some reason I have a hard time letting it go because I felt attacked. What do you think?

  25. Rick says:

    Hi,
    My wife was involved in a road traffic accident with 2 other cars. My wife was parked at a junction and the two other cars crashed and one spun to hit my wifes car. There are witnesses to the accident, CCTV footage and a comprehensive police report yet 6 months later the person who caused the accident is suing my wife as she says my wife pulled out in front of her. She is confusing my wife with the other car! Despite this my wife has just received a county court summons for damages. My wives insurance company have setteled my wifes claim and have said its not her fault yet they have failed to convince the other insurance parties. This has gone on now for 6 months and my wife is now getting stressed. She has taken time of work to gather all information about the accident and spent many hours calling the insurance companies. My wife is being falsly accused of a road traffic accident and we now want to put in our own claim for costs and stress

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