Can this girl go to court for defamation?

[kylee2437]

So this girl got sexually assaulted by a man and she decided to post him on social media. Not only did she post him but she posted where he USED to work. He no longer works there and was let go the moment they learned that he sexually assaulted someone. The sexual assault did not happen at the barbershop (where he worked) and he hasn’t worked there in 3 years since the incident. The girl that made the post made it seem like the barbershop is connected to this case when in reality it’s not. Can this girl go to court for defamation of the barbershop?

[BoopBoopBeep]

If she "knowingly made harmful and untrue statements about them" then yes she can be held liable. It depends on exactly what she said and how she said it. To take somebody to small claims court you can't seek over typically 10k in damages, and that's really cheap to do. If they're going to sue her for a half mil or something they're better off with an attorney, who likely would be working for a portion of the proceeds, typically 40% at trial or 30% in a pretrial agreement.

CAN she go to court? Absolutely. Anyone can sue anyone else. I can sue you for not making me a grilled cheese sandwich. Now will I WIN that suit? No probably not, but yes, I easily CAN.

[kylee2437]

Yeah it was knowingly since she knows he no longer works there, there’s no ties to the barbershop and this man

[BoopBoopBeep]

No it has to be something that she knew would be harmful and she knew to be untrue.

If you kick puppies and I say the owner of Kylee's Bakery kicks puppies, that's not defamation, because you do in fact kick puppies. That's why I was saying it depends on WHAT she said, specifically, and how she said it.

[kylee2437]

So she said that he worked there. She didn’t openly bash it but she tied his business to a case that has zero to do with his barbershop.

[BoopBoopBeep]

You keep being vague. When you say she tied his business to a case... what exactly did she say? What was the quote in question?

[Anonymous]

Yes, If the Barber Shop can prove they lost business or their standing in the community.

[kylee2437]

Thank you. So many people are defending this girl in regards to it. It’s like they all have no common sense

[Opinion Owner]

You’re welcome.😊

[Anonymous]

She would have to say something false about the barber shop for it to be defamation, such as, "this barber shop caused him to rape me." It would cost the barber shop well over $100,000 to take her to court and it would be very difficult to win. If the barber shop won, it would be very difficult to collect, and she probably doesn't have any money anyway.

[kylee2437]

She didn’t directly bash but she made it seem like the barbershop was tied to the sexual assault case. So basically making him have a chance of losing business as now people think the barbershop is tied to the case

[Opinion Owner]

@BoopBoopBeep With attorney fees and court costs it would be hugely expensive, retard. You can't just walk into court and prosecute a case like this by yourself. Even an attorney wouldn't do it on their own.

[Opinion Owner]

@BoopBoopBeep You can take a defamation case to small claims court, and no lawyer in the world would take a defamation case on contingency, unless it was a wealthy high-profile defendant and a likelihood of success. This case is a loser. Tell that to the phone U. S. Attorney sitting next to you.

[Opinion Owner]

*can't take a defamation case to small claims court

[Opinion Owner]

@BoopBoopBeep Civil cases are "prosecuted" by the plaintiff. It's the term of art that's used. Small claims courts are for contract cases, usually under $5,000, not torts.

[Lauliss]

Of course she can go to court for defamation, that's a big crime.

[Alex8736]

Was this alleged sexual assault ever reported to the police or a hospital rape kit done?

[kylee2437]

Yes it was

[Agape93]

Nope

[Anonymous]

Nope