Defamation

[Skyessoulmate]

Hi all,

Does anybody know about the laws regarding Defamation of character ? I have received my NFA after a rape allegation,I'm looking into to this because I need some sort of closure.

Your comments please

SSM

[Saffron]

Hi Skyessoulmate

As far as I know there was a case recently where a man who had been falsely accused was denied the chance to sue his accuser. The reasoning behind it was that some genuine rapists are acquitted by a jury precisely because most cases are fought on the issue of consent. Therefore allowing him to sue his accuser, even though he was falsely accused, would set a dangerous precedent. It would mean that real rapists who were found "not guilty" would also be able to do so.

If the person who accused you was tried and found guilty of attempting to pervert the course of justice, then you might have a case. However, it is unlikely that this will happen. You can make a formal complaint to the police that she falsely accused you and ask them to investigate it. Be warned though, unless you can provide incontrovertible proof that the allegation was malicious, they generally state that it is "not in the public interests" to pursue such cases. However, a crime was committed and as such you are entitled to report it and ask the police to investigate.

I would also suggest you write to your MP, or go to his/her "surgery" and explain what has happened. As your representative in parliament, s/he would be duty-bound to deal with it.

Good luck. Many people think an NFA is the end of the story, but like any emotional wounds, recovering from a false allegation takes time.

Saffron

[shocked...]

Until that case was decided, I was seriously thinking about doing exactly the same thing. One thing I would like to know is whether you could sue the police to get this allegation removed from your criminal record. I'm trying to be a solicitor, and given that I will be NFA'd (hopefully wont have to go to court) I would never be able to be a law teacher or be apart of the judiciary. It makes sense that these allegations should be removed from your criminal record if you are innocent. It unnecessarily ruins people's careers to which they have dreamt all their life of and worked their ass off! That's my biggest beef with the whole system!!!

[Rights Fighter]

One cannot "sue" the police to get this matter expunged from his record.

Some solicitors specialise in this field. I am sure that one of the members here succeeded in doing just that although if I recall correctly, he had the help of his MP.

I would try the MP first and see what flows from that.

[Kimmyb74]

Nfa

So does it mean when you had nfa no further action no evidence also so posted it all over social media as slander I reported it and complain as it defarmation of character can that be ok ?

[Rights Fighter]

Kimmy, there really is nothing you can do apart from complain about it to the police, providing screenshots, saying that you feel intimidated by their apparent campaign against you. I take it that they have posted publicly, not just among friends, or "friends of friends?".

It's not really defamation, as an NFA is not a declaration of innocence. All it means is that they have decided that there is not enough evidence to go forward with it.

[Kimmyb74]

Kimmy, there really is nothing you can do apart from complain about it to the police, providing screenshots, saying that you feel intimidated by their apparent campaign against you. I take it that they have posted publicly, not just among friends, or "friends of friends?".

It's not really defamation, as an NFA is not a declaration of innocence. All it means is that they have decided that there is not enough evidence to go forward with it.

Hi I was informed it's a criminal matter of defarmation of character from that point also plenty of evidence against the f.a also from what the police informed no further action no evidence at all I.e nothing so from when spoken to my solicitor it believes she fabricated the whole story

[Pond31]

Hi I was informed it's a criminal matter of defarmation of character from that point also plenty of evidence against the f.a also from what the police informed no further action no evidence at all I.e nothing so from when spoken to my solicitor it believes she fabricated the whole story

Hi Kimmyb74

I have looked into this matter myself and am on the wrong end of a harassment allegation., so I shall tell you what I have learn't. Defamation is not a criminal matter it is civil. Rightsfighter is right to say that NFA does not mean you were found innocent and actually means that the case could re-open at anytime if further evidence was found. If you believe that your FA has lied to the police and you have proof, you can supply this to the police and ask them to open an investigation against the FA for PCJ. You knowing that the FA lied and proving she lied are two different things. It is very unlikely it would go anywhere. The OIC in my case found evidence that contradicted things the FA said in her statements and I supplied them with record calls in which the FA admitted that most of her claims were false. The police still refused to open a case. This is currently being investigated by the police ombudsman for "failure to investigate" and they are going to question the OIC and her Detective Inspector in a weeks time to allow them to explain why they did not investigate my allegations that the FA lied. I know the reason they didn't because it is against policy but they policy is not the law and I hope the ombudsman recognises this. The police and CPS/PPS use the excuse of "we do not want to scare of genuine victims" from reporting sexual assaults as a reason not to investigate those they believed have lied.

If you FA has repeated the allegations on Facebook etc and you have proof of this you can report her to the police for harassment and also take a civil case against her for harassment. You can also take action against her for defamation of character but you can speak to you solicitor about this. You send her a cease and desist letter first and if she refuses to do so then you sue her in court. She would have to prove that her claims are true but only to the level of "preponderance of evidence" rather than the level of "beyond reasonable doubt".

Pond31

[Kimmyb74]

Hi Kimmyb74

I have looked into this matter myself and am on the wrong end of a harassment allegation., so I shall tell you what I have learn't. Defamation is not a criminal matter it is civil. Rightsfighter is right to say that NFA does not mean you were found innocent and actually means that the case could re-open at anytime if further evidence was found. If you believe that your FA has lied to the police and you have proof, you can supply this to the police and ask them to open an investigation against the FA for PCJ. You knowing that the FA lied and proving she lied are two different things. It is very unlikely it would go anywhere. The OIC in my case found evidence that contradicted things the FA said in her statements and I supplied them with record calls in which the FA admitted that most of her claims were false. The police still refused to open a case. This is currently being investigated by the police ombudsman for "failure to investigate" and they are going to question the OIC and her Detective Inspector in a weeks time to allow them to explain why they did not investigate my allegations that the FA lied. I know the reason they didn't because it is against policy but they policy is not the law and I hope the ombudsman recognises this. The police and CPS/PPS use the excuse of "we do not want to scare of genuine victims" from reporting sexual assaults as a reason not to investigate those they believed have lied.

If you FA has repeated the allegations on Facebook etc and you have proof of this you can report her to the police for harassment and also take a civil case against her for harassment. You can also take action against her for defamation of character but you can speak to you solicitor about this. You send her a cease and desist letter first and if she refuses to do so then you sue her in court. She would have to prove that her claims are true but only to the level of "preponderance of evidence" rather than the level of "beyond reasonable doubt".

Pond31

From the call off the police as stated that they informed me that there was no evidence at all from what I was accused of also on her statement didnt match the cctv also she lied on certain things its difficult to explain but when there was witness there too which her statement didnt much too and no drugs at all involve as there was no drug in her system at all and no DNA nothing at all as proved I don't do drugs and I had nothing to hide

[Kimmyb74]

From the call off the police as stated that they informed me that there was no evidence at all from what I was accused of also on her statement didnt match the cctv also she lied on certain things its difficult to explain but when there was witness there too which her statement didnt much too and no drugs at all involve as there was no drug in her system at all and no DNA nothing at all as proved I don't do drugs and I had nothing to hide

This also my solicitor has explained that if there's no evidence at all then it's case closed she's not a bright spark but she lied but so far I had so much support She deleted the post after 3 days when warned and she was slammed by hundreds that didn't believe her the amount of people told me she's well known to be an a attention seeker and dangerous but in reality the police should of dealth with it when I spoke to c.id he said case close as there s no evidence at all what so ever and ask if I was to make a complaint about her

[Kimmyb74]

This also my solicitor has explained that if there's no evidence at all then it's case closed she's not a bright spark but she lied but so far I had so much support She deleted the post after 3 days when warned and she was slammed by hundreds that didn't believe her the amount of people told me she's well known to be an a attention seeker and dangerous but in reality the police should of dealth with it when I spoke to c.id he said case close as there s no evidence at all what so ever and ask if I was to make a complaint about her

She drove me to breakfast the next morning and kissing and cuddling me when I had a call off the police it took her 14 days later to report the police didn't phone me untill 2 half weeks after that day then 3 weeks later my solicitor sent me a letter saying they had nothing to go on so it's nfa when reading her statement she said oh I think I may have been drugged rape
Surely the police would of found drugs in her system even tho there was no drugs and no rape

[Pond31]

Dear Kimmyb

My suggestion is that you ask the police to open a case of PCJ against her. If your witness has not made a statement to the police already then you get them to write one and bring all evidence you have once it has been vetted by your solicitor, to the police and make your own statement at the same time. If they refuse to open a case, then you can complain. The police will not tell you if they think FA has lied. I do find it a double standard that your statement that she lied is not enough to open a file against her when her statement alone was enough to have you arrested. You can ask the police to open a case of PCJ against the FA and at the same time as sue her for defamation.

The fact that you are involved with a legal matter, even if it is only a civil defamation case, will give you more chance to gain access to police evidence and the reasons behind your NFA. There is a part of a legal case called "discovery" where you have to reveal evidence you have to the FA's side and she has to reveal evidence she is going to use to your side. As part of this you can request a copy of the letter she got from the CPS explaining why you were not charged. As FA's are usually given more information in this letter than NFA'd defendants are given then you should learn something at least.

Also during the civil matter you can ask the judge for a "third party discovery order" requesting a copy of the police file and a detailed breakdown of the CPS decision. Once you have this you may discover if the police found evidence that your FA lied, which could strengthen you civil case and any complaint against the police for them not investigating your FA for PCJ . You may have to fight the police and the CPS for this but they will find it harder to refuse because the order comes from a judge rather than from just you asking for evidence.

Yes I am in the middle of doing this myself. The PPS have been very obstructive but I am not giving up.

Pond31

[Kimmyb74]

Dear Kimmyb

My suggestion is that you ask the police to open a case of PCJ against her. If your witness has not made a statement to the police already then you get them to write one and bring all evidence you have once it has been vetted by your solicitor, to the police and make your own statement at the same time. If they refuse to open a case, then you can complain. The police will not tell you if they think FA has lied. I do find it a double standard that your statement that she lied is not enough to open a file against her when her statement alone was enough to have you arrested. You can ask the police to open a case of PCJ against the FA and at the same time as sue her for defamation.

The fact that you are involved with a legal matter, even if it is only a civil defamation case, will give you more chance to gain access to police evidence and the reasons behind your NFA. There is a part of a legal case called "discovery" where you have to reveal evidence you have to the FA's side and she has to reveal evidence she is going to use to your side. As part of this you can request a copy of the letter she got from the CPS explaining why you were not charged. As FA's are usually given more information in this letter than NFA'd defendants are given then you should learn something at least.

Also during the civil matter you can ask the judge for a "third party discovery order" requesting a copy of the police file and a detailed breakdown of the CPS decision. Once you have this you may discover if the police found evidence that your FA lied, which could strengthen you civil case and any complaint against the police for them not investigating your FA for PCJ . You may have to fight the police and the CPS for this but they will find it harder to refuse because the order comes from a judge rather than from just you asking for evidence.

Yes I am in the middle of doing this myself. The PPS have been very obstructive but I am not giving up.

Pond31

Hi now that s a response I'm looking thanks . Ps I wasn't arrested I was asked to come in and also was told I didn't have to have make a statement but I stood my ground and gave my statement also witness made statement too on my behalf after that solicitor letter showed me that the police were satisfied with my statement also I volunteerd when ask to look at my phone

[Kimmyb74]

Hi now that s a response I'm looking thanks . Ps I wasn't arrested I was asked to come in and also was told I didn't have to have make a statement but I stood my ground and gave my statement also witness made statement too on my behalf after that solicitor letter showed me that the police were satisfied with my statement also I volunteerd when ask to look at my phone

As I explained earlier that police said they had no evidence at all what so ever nothing at all so in all I.ll go thro to find out why she lied I will speak advice on that thank you

[Pond31]

As I explained earlier that police said they had no evidence at all what so ever nothing at all so in all I.ll go thro to find out why she lied I will speak advice on that thank you

Hi kimmyb74

If they have no evidence at all, they may not have evidence to prove she was lying. So if you have any evidence to support you claim she lied. Texts, facebook messages etc then have it vetted by your solicitor, then contact the OIC and say you which to make a complaint against her as she you believe she has PCJ. It has to be the OIC that deals with it. They have to take your statement and cannot refuse. They should take your evidence and a statement then decide if they can open a case. They may actually open one but if they don't you can then ask why and if there response is not good enough you can then complain through whatever is your local process.

I gave evidence to my OIC a Detective Constable, who tried to fob me off, then she said she had to talk to her superior which was Detective Sargent who said that I would get a letter from the Detective Inspector. I got a letter from the DI saying they were not opening a case but I phoned them. He did not know I gained access to the FA's statements so i knew where she lied and knew that they police had found contradictory evidence. I said this to him on the phone but he still refused to open a case, so I have made a complaint to the police ombudsman. I have not had much success with them but hey I am not giving up. You know in life if you complaint to Joe Bloggs, who usually deals with complaints, who then passes it to their superior Jill Bloggs, who then passes it their superior John Bloggs who phones you from home on his day off that your complaint has legs.

So DON'T LET THEM FOB YOU OFF, educate yourself, be professional, be prepared, be determined.

Pond31