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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I actually have OCD and a fear of being sued or arrested, hence my questions. An incident occurred when I was 17 that really affected me for many years later. I saught counselling and when I explained exactly what happened they stated my fears that I tried to ignore, that it was rape. After the counselling I became mentally very unwell after reliving the trauma. I was put on strong antidepressants and after the birth of my son had to see a Psychiatrist. Currently I have severe OCD. About 8 years ago I dated a policeman whom I told the story to. The man in question was in his late 40s at the time and when we were discussing it I stated that in my mind he was probably dead as that is what I kept telling myself for years. The policeman said "where does he work, what's his name?" I'll ring and ask to speak with him. If he comes to the phone I'll put it down" I divulged that information and it became apparent that he was alive and still working. I've lost contact with the policeman now. My worry is that telling him it was rape without the courts convicting is essentially defamation of character. I've read that accusation of rape assumes automatically harm to ones character. Can it be defamation If the policeman has never met or seen the mechanic?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question. This is not defamation if the allegation is true. Plus defamation cannot exist in a situation where you are the victim of crime and have made a report to the police for investigation - this was confirmed in the case of Westcott and Wetscott [Neutral Citation Number: [2008] EWCA Civ 818 Case No: A2/2007/2727].
Expert:  Alice H replied 2 years ago.
Can I assist any further?