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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be disgusted that a woman was charged with defamation

48 replies

FromEden · 23/01/2019 20:21

For posting on facebook about the domestic abuse against her by her ex husband?

She posted that he tried to strangle her but apparently the judge ruled he was trying to "silence" her and not trying to kill her when he put his hands around her neck, so therefore she had defamed her ex who she is now supposed to pay 200k towards his legal fees.

What a fucking joke. A man using his money to silence and punish a woman who speaks against him.

Sorry if this has been posted already. Didn't see it

link

OP posts:
EnoughSnowAlready · 23/01/2019 21:16

And by strangling I mean placing his hands around his partner's neck and using force to compress/squeeze/press.

Eryngium · 23/01/2019 21:17

The judge said: "The most likely explanation about what happened is that he did in temper attempt to silence her forcibly by placing one hand on her mouth and the other on her upper neck under her chin to hold her head still. His intention was to silence, not to kill.”

It's only the most likely explanation if you have no comprehension of how domestic violence works and the dynamics behind it.

Whilst I follow the judgment's logic in terms of the implication of her having used the word "try", I cannot follow any logic in deducing it is in any way normal to lose one's temper and choke somebody to silence them. That's pretty fucked up.

It is faulty in the sense that its deduction on intention is nonsense. Without that spurious deduction it's not defamation.

Relying on the dictionary to define her words, but then treating it as obvious his only intention could have been to silence her as if that is the action of an ordinary, reasonable person? I don't think the reasonable man in the street throttles somebody to shut them up.

ForalltheSaints · 23/01/2019 21:17

Libel or defamation actions are used by rich people (usually men) to silence others. Think of the number of times Robert Maxwell used it, for example, or Mohammed Al Fayed. Or where the threat of it is used to silence people as the costs if you lose will bankrupt most people.

Bluestitch · 23/01/2019 21:18

No one is denying that he strangled her, as in applied pressure to her neck.

Have you read the article? That she used the word 'strangle' is why she has been found guilty of defamation. He put his hands so hard around her neck that the police found handprints. How is she expected to accurately decide what his motives are in that moment? I didn't see think that even on 'argue the toss for the sake of it' AIBU that anybody could try to defend this.

EnoughSnowAlready · 23/01/2019 21:19

Taking just one result The National Domestic Violence Hotline states Strangulation is a significant predictor for future lethal violence and links to a study. If your partner has strangled you in the past your risk of being killed by them is 10 times higher. Strangulation is one of the most lethal forms of domestic violence:unconsciousness may occur within seconds and death within minutes.

FiddlesticksAkimbo · 23/01/2019 21:21

You need to be careful. A court found that the woman was lying presumably, hence the award to the man. And now you seem to be repeating the defamation!
Bear in mind that the court would have spent a long time looking at the evidence. And even if from what little you know you think you know better, your remarks risk being defamatory.

Bluestitch · 23/01/2019 21:23

No they didn't find that she was lying. The judge acknowledged she was the victim of assault. The quibble is over terminology.

FromEden · 23/01/2019 21:24

Nope. Fuck off. She's not lying. The judge acknowledged that he put his hands around her neck and squeezed. The police were witnesses to the marks he left. The entire thing is about her use of the word "strangle" to describe what he did.

OP posts:
FiddlesticksAkimbo · 23/01/2019 21:26

Hi FromEden
DEFAME | meaning in the Cambridge English ...
defame definition: 1. to damage the reputation of a person or group by saying or writing bad things about them that are not true

Bluestitch · 23/01/2019 21:29

What isn't true Fiddlesticks?

Stickmanslittleleaf · 23/01/2019 21:29

No fair, the poor bloke was only trying to silence her! She was probably nagging too much, we do that. We can't just go around implying that our men are trying to kill us just because they put their hands round our necks and squeeze hard enough to leave marks! That never killed anyone! 🙄

EnoughSnowAlready · 23/01/2019 21:30

www.washingtonpost.com/outlook/which-domestic-abusers-will-go-on-to-commit-murder-this-one-act-offers-a-clue/2017/11/16/80881ebc-c978-11e7-aa96-54417592cf72_story.html?noredirect=on&utm_term=.54ee613be66b

Here's another article which discusses that strangling demonstrates which abusers are likely to commit murder, and not 'just' that of their partners.

FiddlesticksAkimbo · 23/01/2019 21:31

I haven't read the case Bluestitch, so I don't really want to contravene my own advice, but I presume the allegation that he was strangling her!
Really I just wanted people to be careful with slagging off somebody litigious on a public forum.

Bluestitch · 23/01/2019 21:32

I haven't read the case Bluestitch

Well I have and I stand by my posts.

KatherinaMinola · 23/01/2019 21:32

They didn't find that she was lying. They thought she didn't choose her words with sufficient care when describing an assault against her for which her husband was arrested.

Not even the judge disputes that the XH put his hands on her neck. But the judge is a loony old man who thinks this is reasonable behaviour when your wife is arguing/talking/nagging too much.

I was thinking that the one positive from this is that the bloke is going to find it very hard to get a date now. But then I remembered Trinny and Charles Saatchi.

KatherinaMinola · 23/01/2019 21:33

I see that the Supreme Court has lined up four men and a woman to hear this case.

FromEden · 23/01/2019 21:38

So how would you describe someone putting their hands around another person's neck and squeezing until they are unable to breathe? No one is denying that happened., Not even the ex husband

OP posts:
feministfairy · 23/01/2019 21:49

It seems that the problem is a judiciary (and so many in the legal system) who believe believe that it is reasonable for a man to "silence" a woman with his hands round her throat and leave bruises. They accept that he is not attempting to strangle her or kill her - just to silence her.
In their eyes she's just another woman who deserves silencing, punishing, chastising, and so on. It's fucked up thinking but if they're lawyers and judges then they must be right - unlike all us poor uneducated folk Angry

MRex · 23/01/2019 21:50

Is there a petition to force the house if commons to discuss amending the legislation?

SapphireSeptember · 23/01/2019 21:58

What the ever loving fuck have I just read? That judge is an utter idiot, the ex is a bastard. I hope the Supreme Court have more sense.

It's so nice to see all these poor little rich men get away with horrific crimes by throwing their weight around. .

Sparky888 · 23/01/2019 22:19

I can’t find a crowd funding link to contribute to her legal fees. If anyone sees one can they link it here please?

GabsAlot · 23/01/2019 23:09

wow im not speechless alot this is inbelievable her abuse just goes on doesnt it

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