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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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I want to publish the story of my marriage to an abuser,who

Customer Question

I want to publish the story of my marriage to an abuser,who became a well known designer, but died recently.My story stems from 40 years ago. The police know about it, they did some investigations. I have had to have medical help because of the memories. I was slandered 40 years ago as well as suffering physical, mental and emotional abuse. My two sons were also abused. I want more than anything to clear my name, hundreds of people were told lies about me. The older I get the stronger the memories get. I need peace of mind. My question is, can I be sued for defamation etc. for telling the truth now.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
It is now 6. 40am sorry about the hour, but can you give me an estimation of when I'll get a reply please, Thank you.
Expert:  Jo C. replied 2 years ago.
You can't be sued for telling the truth but obviously it might not be accepted that this is the truth and so you could be sued and have to prove it.Being dead does not prevent those responsible for his estate suing.To be wholly honest, it does carry risks. I think the world and courts in particular have become rather cynical about allegations made upon the death of a person. There have been rather a lot and most lack merit which has an impact on everybody.Can I clarify anything for you?
Customer: replied 2 years ago.
I started my quest two years before this man died it is not s sudden whim.the police are fully aware,and there are medical records and other witnesses.
Customer: replied 2 years ago.
I've been trying to point out that I informed the police of his actions on the advice of a lawyer two years before he died.I'm not making this up, I was the one who was slandered,badly.,he lied, I only want to get the truth known at last.people still believe him,I have been trying to tell my truth for two years.
Customer: replied 2 years ago.
Thank Jo C I realize you don't have all the relevant information and it wasn't asudden decision on my part to publish when my abuser died. That was unexpected and sudden and has no bearing on my action.I'd been trying to bring him to court for two years and the police were involved.His death was untimely,he left a widow who does not know me, so couldn't say anything about me. Thank you , Regards, Margaret.
Expert:  Jo C. replied 2 years ago.
If you made an allegation to the police which wasn't prosecuted then I really wouldn't say anything about him.
The plain fact is that the allegation must have been rejected. If so, saying anything about him that amounts to a repetition of the allegation is slanderous.
You may be able to defend on the basis that there is a different standard of proof but realistically, if he wasn't even charged, there is not a great difference.