I am a victim of libel

Anthiriad · 16th July 2008, 16:30

Some one has alleged on an internet forum that 4 years ago I raped someone (lies)

As I live in Scotland I can't get legal aid to fight these allegations and it is damaging my professional and personal life.

I can't afford the £30,000 legal fee's to fight this myself and this means that person has gotten away with ruining my life.

Can anybody help me by giving me advice on whether an English lawyer could take on the case through legal aid to fight it in Scotland.

Although it is a cut and dry case no lawyer will take it on spec either.

I dont know what to do, as for 4 years this person has been telling anybody who will listen these lies.

Please help

raydetinu · 16th July 2008, 17:16

So slander as well as libel!
If it was on an internet site you can always post a denial on the same site!
To prove slander you will need witnesses etc.
You can take them to small claims, I think, but amount of damages will be limited.
You can get solicitor to write to to person involved to stop making allegations telling them to stop and will consider court action. May have desired affect.
If it is affecting your professional life, work etc. you will to demonstrate how with evidence. In the end it may be worth taking them to court if you are confident of winning and claim for costs as well, but will depend if they can afford to pay!

Anthiriad · 16th July 2008, 17:31

The guy in question has boasted how I will never be able to afford to take him to court so he say what he wants.

In another thread he claims that he has enough money to take anyone to court.

But worse thing is have been banned from the forum because I answered the allegations.

The forum is run by people who work for this man and subsequently they all believe his lies.

I am still distraught about it. my wife (married 7/7/7) hasnt slept in the same bed as me for nearly 2 months and our wedding anniversary was all show for the neighbours and her family.

Its driving us further apart until I can prove my innocence.

stardust_john · 16th July 2008, 17:39

I have no legal help, but wonder could you do it another way, approach journalist and tell your story of what happened and how this allegation has affected your job and family, I know its drastic, but if cant go court route, its another idea.

Anthiriad · 16th July 2008, 17:44

The problem I have there is that I am not in contact with the woman involved. I really think it would unfair to her to read a very private story about her sex life in the papers.

I have almost thought of everything except dealing with the guy myself, but that would hurt my wife even more.

stardust_john · 16th July 2008, 17:45

ps. Have you approached the police for advice, they might be able to help. Just a thought

stardust_john · 16th July 2008, 17:48

I agree journalist a little of the last resort and you have to consider what you want to do for the best of your family. It was just an idea to counteract what has been said. Maybe as I said the police is a good resort to get it on record. Could they class it as harassment, if there is an issue then let them be interviewed by the police and provide evidence or make a statement. Why would they put such claims on the internet and not approach the police.

Hope all goes wel for you anyhow.

Anthiriad · 16th July 2008, 17:53

It is a rival comedian who has hated me for years.

And 1 night I had a one night stand with a friend of his wifes. He concocted this story and since then it has grown arms and legs and turned into a farce.

The police have stated that they cant investigate because the female involved has never made a complaint, (because its not true)

Scottish law sucks, I cant beleive he is going to get away with it.

raydetinu · 16th July 2008, 18:16

Why is he going to get away with it!!! its up to you to take him to court.
At least discuss it with a solicitor, you may get them to do it on a no win no fee if your case is stong, even offer to give them half your damages when you win. Dont give up. Tell us his name and see how he likes it!

Anthiriad · 16th July 2008, 18:19

I have spoken to numerous solicitors and they are not willing to take it on for spec only, even with a percentage of the damages, and you cant get legal aid for libel in scotland.

I dont really think stooping to his level would help or solve anything either though tempting as it is

raydetinu · 16th July 2008, 18:27

Then if you are noy prepared to pay for it, even though you think you will win, there is always a risk!
Small claims court is your only option then for damages etc. which you will have to prove, not legally but just on the balance of probabilities.

Anthiriad · 16th July 2008, 18:36

Its not that i am not willing to pay for it, its that i cant afford it.

WebMaster · 16th July 2008, 18:41

Just a thought (because I don't really know anything), but would the country in which web server is hosted have a bearing? (eg it might be in England, not Scotland). Maybe a solicitor's letter to the hosting company would help?

Lula · 16th July 2008, 18:42

does the alleged victim have nothing to say on this subject, I am certain that I would be non too happy to have it said that I was raped on an internet forum.

raydetinu · 16th July 2008, 18:58

How important is it to you?
2nd mortgage, loan.
Get an affidavit from the alleged victim stating it did not take place. then post where ever you want and show it to whoever needs to see it.
Perhaps you could do a joint claim as it affects you both.
I am running out of sympathy on this. You dont seem to respond very positvely to any suggestions, how long has this been going on for.
have you tried other legal sites for advice.
Whats wrong with the small claims route then! does not cost much.

daKlone · 16th July 2008, 19:26

What would be your desired outcome from this?

You say that the allegation has upset the relationship between you and your wife - will taking the guy who runs the forum to court repair that? I doubt it.

I'd have thought the only thing that would repair the damage would be, as Raydetinu suggests, an affidavit from the alleged victim stating that it didn't happen.

To my mind you should turn your attention to repairing your relationship before bothering with court action!!

Anthiriad · 16th July 2008, 19:30

I am greatful for all of the advice so far, It happened almost 6 weeks ago.

I have no contact with the woman and cant even remember her name. She apparently had a break down over these same allegations 4 years ago when he first started spouting them, I only found out about them recently.

I am looking into as many avenues as possilbe whilst still trying to keep my own head and marriage together.

The hosting site removed them at my request after legal challenges but that is as far i could take it with my limited funds.

The small claims route I am going to look into tomorrow as it seems very viable but most importantly I hadnt thought about where the forum was hosted.

What I am looking for is any advice as the whether an English/Welsh/N.I. lawyer can stand in a Scotytish court whilst legal aid is granted outwith Scotland ??

raydetinu · 17th July 2008, 00:04

so what damage has been done in 6 weeks, since you found out, under what circumstances?
Small claims you can represent yourself. To persue a libel case is usually in the high court and you would need a solicitor and a barrister, hence the expense. I would not think an english barrister could represent you in scotland unless registered there.
Your energy may be better spent speaking to the alleged victim and get her to convince your wife its nonsense. then that would be one problem out of the way.
Take out an add or notice in the local paper, to whom it may concern etc.or challenge him to back up what hes been saying or shut up.
failing that move to England.

questioning · 17th July 2008, 11:32

Quote:

Originally Posted by Lula

does the alleged victim have nothing to say on this subject, I am certain that I would be non too happy to have it said that I was raped on an internet forum.

I totally agree, I would be enraged if this was said about me,
I assume from reading this thread the man did not mention the alleged victims name on the forum & you can't remember her name, however as she is a friend of the man's wife, could you not approach his wife for help?Perhaps she could put you in touch with her, so between you this whole thing could be disputed.
I see you say that the guy hates you, this doesn't necessarily mean his wife does too. She may be more than willing to help you and her friend put a stop to this.
Does his wife even know what he has done?

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