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SA Homestay Providers Accused of Assaulting Child on Social Media

Discussion in 'Criminal Law Forum' started by Rebecca Jose, 9 September 2015.

  1. Rebecca Jose

    Rebecca Jose Member

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    We are homestay providers for nearly 15 years and this is the first time we've encountered a problem. We provide food and accommodation as well as sharing their everyday activities with their guest (meals, family life, family outings.) So in other words, we almost provide everything, like comfortable beds, rooms, 3 meals a day, internet and we lend a car for a student to drive, in return for that is a cost fee for us to use for everyday use.

    We have a student Japanese girl 26 and her son 7 years old since February 2015 and decided to pay the full amount of their stay till December 2015 and we didn't draw a contract for this matter because I trusted her. So I issued her a receipt till the end of July and a receipt of her bond money for 2 weeks.

    Apparently, on 31 August 2015, she came up to me and said "I am moving out on the 18th September 2015" and I accepted it and talked to her with regards to the money that was paid till 15 December, 2015 and we verbally agreed that I will start paying $300 a week starting 4 September 2015 until the money was all cleared and so I transfered the amount on that day but I mistakenly classified it as a "gift" as a reference for the money and she question it. So I rang up the bank and inform to change the reference but they said the money was already transferred to her account.

    So I went to her bedroom and spoke to her the next transfer will be on 11 September 2015 but she insisted the full amount to be return. 7 September 2015, around 3:30 pm, as I was entering our house, she was getting all her stuff in our house with no words, just taking all her belongings.

    Now she threatens us that my husband assaulted her son when they were here and then put on social media like facebook, degrading our family status and saying that we are bad people and informed everyone to be aware.. She even mention on her email that she reported us to the police that we assaulted her son but when we found out at the nearest police station it was false and nothing was reported..

    From this end, what shall we do? Our family is all affected with this through social media and all of us are stressed out regarding this matter..
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Rebecca Jose,

    What this woman is doing may be considered defamation, which if you can prove it would entitle you to sue her for damages. In order to establish that you have a case for defamation against some one you need to prove that:
    1. Someone else communicated or published information to another person or other people (other than yourself);
    2. The information identifies you or makes it clear to others that the communication is about you; and
    3. The information is defamatory.
    Something is defamatory if it has damaged your reputation, exposed you to ill feeling or ridicule or caused others to avoid you or think less of you.

    And yes it is possible to defame someone through social media.

    Check out this article that provides more information: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au
     

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