If someone makes a false accusation of sexual assault or abuse, it could be considered defamation of character. In New York, this legal term refers to a false communication or statement made to a third party resulting in damage to an individual’s reputation. Whether you have been falsely accused of a sexual assault or you’re concerned about being accused of defamation despite having told the truth, an experienced lawyer can help you navigate this area. Explore the two types of defamation and how they relate to sexual assault accusations below.

Types of Defamation

Libel is a written communication which has been published which makes a false statement  damaging an individual’s reputation. Slander also damages a person’s reputation but involves oral communication to a third party. In sexual assault cases, this type of communication, made either orally or writing, would involve false allegations of sexual misconduct or abuse.

How Defamation Works With Sexual Assault Allegations

If an individual believes they have been the victim of defamation due to a false claim of sexual assault or abuse, they must show the accusation is a false statement was made and that it caused harm to their reputation. Unfortunately, false claims of sexual assault or abuse often occur in family law or criminal cases, often out of spite, to obtain revenge, or to obtain a strategic or tactical advantage.

Sexual assault allegations, libel or slander can not only cause reputational harm, but also loss of employment, loss of contact with children and even criminal charges. Yet, proof of specific harm isn’t always necessary. In New York, a plaintiff may only need to prove defamation per se, which refers to a false statement obviously damaging to one’s reputation. Sexual assault allegations obviously damage an individual’s reputation, and if used in the context of a family law or criminal case, will have to be disproven from a defensive posture before affirmative action against the individual making the false statement can be considered.

If you’ve been wrongfully accused of sexual assault or abuse, allow experienced defense lawyer Thomas A. Corletta, Attorney & Counselor at Law, to help with aggressive representation. With nearly 40 years of experience, this Rochester, NY-based trial attorney specializes in criminal defense and family law. He never contracts out his cases. All his clients receive his undivided attention, expertise and guidance. Find out more about his practice areas online or call (585) 546-5072 to schedule a consultation