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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My daughter has said to other family members that I molested

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My daughter has said to other family members that I molested her when she was younger, which is totally untrue. What can I do about this?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

To achieve what? Are you hoping to stop her making a report?

Customer: replied 10 months ago.
No report has been made. I have been enstranged from the children of my marriage since my divorce some 10 years ago. I recently reacquainted myself with my eldest and my granddaughter & spent a fabulous day with them. Subsequently my daughter rang me to say my ex-wife had said to her that if she continued to have a relationship with me then she would no longer look after out granddaughter one day a week as my eldest daughter is a single Mum having been divorced herself some 3 years ago. My son has also told her he will not speak to her if she continues to see me. This is totally without foundation and this story is being circulated within the family and more recently to other people I know. It has not been reported to the Police as you would expect and I want to put a stop to this groundless story.
Customer: replied 10 months ago.
I am devastated by this and I need to put a stop to it as I want a normal father daughter relationship with my eldest daughter and my granddaughter.
Customer: replied 10 months ago.
What action can I take against my other two daughters, my son and my ex-wife to stop the perpetuation of this groundless story?
Expert:  Jo C. replied 10 months ago.

Do you have the money to sue?

Customer: replied 10 months ago.
I might have it depends on the cost of suing, but would not a letter by a solicitor to each individual threatening to sue be effective enough as the slanderous comment is totally without any foundation whatsoever?
Expert:  Jo C. replied 10 months ago.

Well, they are always without basis.

Are you prepared to risk her making a complaint to the police?

Customer: replied 10 months ago.
I am prepared for them to make a complaint to the police
Expert:  Jo C. replied 10 months ago.

Sorry for the delay.

You could get a solicitor to write to her for about £100 plus VAT warning her of the laws of defamation. I actually think that is often a good idea. It places the accuser on the backfoot which can be helpful.

The effect it can have though is to enrage them into making an allegation to the police. If she does then you will have to defend it and probably you would prefer not to do that.

Expert:  Jo C. replied 10 months ago.

the reality though of suing for defamation is that it is not really worth doing.

It is very expensive to sue and she will not be able to pay the award.

Also, you have the burden of proof.

A better option often is to sue for harassment but the test is not really made out yet here.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
Can I use any type of Solicitor for this or does it have to be a specialist solicitor?
Expert:  Jo C. replied 10 months ago.

Any high street solicitor could send a letter out.

Expert:  Jo C. replied 10 months ago.

You can also use a barrister under public access which would be cheaper.

Customer: replied 10 months ago.
OK how do I go about using a barrister?
Expert:  Jo C. replied 10 months ago.

You can try here www.churchcourtchambers.co.uk or www.5pumpcourt.com

Customer: replied 10 months ago.
OK Thanks for your help
Expert:  Jo C. replied 10 months ago.

No problem.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
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