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NSW Accused of Sexual Assault - Defamation Case?

Discussion in 'Defamation Law Forum' started by Youth worker, 1 February 2016.

  1. Youth worker

    Youth worker Active Member

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    My manager recently told my employer that I committed sexually assault and provided explicated detail of the things my manager said I had said to her and that I violated her body on several occasions. An external investigator was brought into work to investigate the matter. I was cleared of all allegations stating that the comments made by my employer were false.

    I have in writing all the allegations against me which my manager had told the investigator and my employer. I suffer from depression now and have had two failed suicide attempts due to these allegations.

    Do I have a case for defamation and compensation?
     
  2. Youth worker

    Youth worker Active Member

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    I forgot to mention that my manager also told a colleague of our about the sexual assault where my manager has named me as the perpetrator. This colleague has told me that she has mention this to the investigator when she was questioned.
     
  3. Sophea

    Sophea Well-Known Member

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    Hi Youth Worker,

    In order to establish defamation you must establish that;
    • Someone made a statement;
    • that statement was published or communicated to someone other than yourself;
    • the statement caused your reputation to be injured;
    • the statement was false; and
    • the statement did not fall into a privileged category.
    If you can prove these things, then you may have grounds for a civil claim for compensation from the defamer.

    However it is also a criminal offence to publish defamatory matter about another person whilst knowing the matter to be false or being recklessly indifferent as to the truth of the matter and intending to cause serious harm to a person.

    I would speak with a lawyer about your options.

    Check out this article: Defamation Law Archives - Legal Blog - LawAnswers.com.au
     
  4. Youth worker

    Youth worker Active Member

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    Thank you for your response Sophea. I did not understand the statement on the last bullet point. Please explain. I am able to prove all the things you have stated as the allegations were communicated to my employer and external investigator.
     
  5. Rod

    Rod Well-Known Member

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    Sorry, I'm unclear on who you are alleged to have assaulted. Was it your manager or a youth?
     
  6. Youth worker

    Youth worker Active Member

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    My manager alleged that I assault her.
     
  7. Rod

    Rod Well-Known Member

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    Best see a lawyer if want to take legal action. At face value you have a case against the manager.
     

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