How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

i wrote my biography after surviving a brain haemmorage and

Customer Question

i wrote my biography after surviving a brain haemmorage and it refers to childhood abuse by my mother, foster father, step father, and my 2 ex husbands. my second husband is likely to stop me mentioning him, but i do have a witness to his abuse. can he stop me using our story in the book?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Will you name him?

Have you made any allegations to the police about him?
Customer: replied 3 years ago.

i have named him, but if i didn't it will be obvious who he is - he was quite high profile for a while in scotland and london. i did go to the police (in aberdeen) but the domestic abuse liaison officer called me to tell me her boss had told her that if she had anything to do with the case then she'd lose her job. su

Expert:  Jo C. replied 3 years ago.
Thank you.

You are free to print or say what you like as long as its true.

It is a bit more complicated than that though. You do not have to name him but if another person would identify him from what you've written then it doesn't matter whether he is named or not.

Also, to defend any action against him you would have to prove that the comments were true which is where your problem lies. It is very difficult to raise truth as a defence.

I do appreciate that you may have a witness but his evidence may be challenged in court.

You may know it to be true and you may have a witness to the abuse but he may well be able to call evidence to the contrary.

There is another issue even if the abuse is not in dispute and that is harassment.

By mentioning him in print you could be committing the first act of vexation required by the Protection from Harassment Act which is both a crime and a civil wrong.

If you are willing to be sued then these are risks you can run but it would be irresponsible of me not to warn you of the risks.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

thanks for that - and good to find out at this stage.


 


how do other people manage to write about true events that may not sit well with the person they are writing about? is there a time frame maybe that could be involved? mine happened in 2001/2.


 


su

Expert:  Jo C. replied 3 years ago.
Here is an article on defamation that you may find interesting

http://www.findlaw.co.uk/law/accidents_and_injuries/defamation/500051.html

The period of limitation is 12 months from the date of publication not the date of the occurrence.

If the subject has died there is generally less chance of the executors of the deceased’s estate bringing a claim for defamation.

The way other people get away with it is that they write about events which are not in dispute.

In your particular case it is your word against his as to whether this abuse actually took place or not.

Customer: replied 3 years ago.

For Jo C


 


thank you for the article. i am thinking of changing the names and places and types of jobs, and trying to write it as being anonymous. some people already know that i am writing this book, but i am wondering that if i have gone as far as i can in covering up the identities would that be okay..........sort of names have been changed to protect the baddies!

Expert:  Jo C. replied 3 years ago.
If its possible to identify them from the description then that would still offend I'm afraid.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions