Defamation advice needed

[PrincessCatapus]

Apologies for posting here but legal is very slow. First time poster but long time lurker, crying in the sistine chapel, poo troll, give your house to someone, I've read them all!

Without giving too much away I could really do with some advice regarding defamation law. Have looked into solicitors but I just cannot afford £500 for an hour. Alternatively if anyone knows of any solicitors that don't cost the earth that could give me an hour of their time I'd be incredibly grateful for any recommendations.

To cut a long story short I want to name someone publicly for a crime they committed against me but were never convicted of due to lack of evidence. It never went to CPS. Lots of witnesses to admittance of guilt and messages that whilst aren't concrete evidence, lend themselves to supporting everything I have said.

This person has an occupation that means the crime they committed against me is concerning and I feel they pose a threat. Their employer is aware of all this and is taking no further action.

I have been consumed by this for a long time and after another bout of obsessing over it I feel I would like to publicly write something to make people aware. But of course, I'm worried about the ramifications.

My main questions are

1. I don't intend to name them, but make them identifiable to those who know them. Is this just as bad?
2. If they pursued me, and a solicitor sent me a letter asking me to remove what I've written, apologise, pay compensation am I right in thinking that if I comply I will have no criminal record and any compensation would be of a fairly low sum at that stage? Am I obliged to pay the compensation or can I say no but I will remove it and apologise publicly? Whilst that would be infuriating that information will have still gotten around and so I could live with that.
3. If it went to court am I right in thinking that it's not the same threshold as a police investigation and just has to be likely to be true? Obviously all the witness statements and evidence weren't enough to prosecute in a court of law, but I cannot see how this evidence could be deemed not enough to prove what I say is likely to be true. During police interviews they said no comment to everything. they didn't try to defend themselves etc, and it would be very hard to explain away everything without sounding ridiculous. I really can't imagine them being bold enough to go to court given this is true.

I think that's my main questions. I'd be so appreciative of any help here. I'm at my wits end and cannot go on like this. But there's this tiny bit of doubt in my mind after the police investigation not progressing.

Don’t do it. I don’t know a thing about the legal side but this will not bring you the peace you need, I promise.

Defamation is a complex and often subjective area of law but I can try to answer your questions.

1. Even if you do not name the person, if just one other person recognises them from your description, a statement could be held to be defamatory.

2. They might choose to take that route as a first step but they might also choose to sue you straight off the bat. Those steps you describe are informal.

3. Defamation is not a criminal offence. You would never get a criminal record for it. It’s a civil tort. If someone sues you, it is not up to them to prove what you said wasn’t true, it’s up to you to prove that what you said was true on the balance of probability (yes, lower than the criminal burden of proof but you must still have the evidence to convince a court they’re not just going to believe it because you say it). You’d need both factual evidence and witnesses to back up your statements.

It’s very very expensive to defend a defamation claim. Unless you’re rich, it would bankrupt you. As I said, it’s a complex area. You couldn’t really defend it yourself in court and expect to win. Even if you did win, you’d be hugely out of pocket. If they won, the damages could be very costly.

Honestly, as maddening as this must be for you OP, you cannot do this.

You won't get what you want out of this OP, and will end up feeling worse afterwards.

Perhaps someone with more thorough knowledge of defamation law will be along soon, but if I remember correctly:

1. Yes, if you're making that person identifiable to a third party, it's still defamation even if you don't name them outright in public
2. I think defamation is a civil offence, not criminal, and won't lead to a criminal record. But if you are taken to court and lose, you will be obliged to pay costs. Even if it is settled out of court, it could well be very expensive.
3. I don't think "likely" to be true will be enough. If you are sued for defamation the onus is on you to prove that it is true. If the evidence is solid then you may be OK, but if it wasn't considered strong enough to have a good chance of a conviction, then you may be on shaky ground.

I'm going on my old media law training from almost 20 years ago here and am not a lawyer, but those are my initial thoughts. Obviously I don't know enough about your situation though.

I'm sorry that this has happened and you haven't seen justice. I cannot imagine the frustration. I hope you do find peace of mind one day

Don’t do it, however hurt and angry you are.
They have not committed a crime because they have not been found guilty in a court of law. You allege they have committed a crime.
If you share that allegation publicly, they may well act against you and your costs could mount up very quickly. Do you want to risk your house over it?
Seek peace another way. Naming and shaming will bring you misery not peace.
Consider bringing a civil case if CPS won’t touch it - but still likely to be very expensive.

I agree with PP I dont think this is going to give you closure.

I had a professional involved with my child education lie in a tribunal, threaten me, slander me etc. It sounds trite but it was a SEN tribunal and my best revenge was winning the case he mad hell for me. I complained, he was protected etc. I finally complained to the LGO about the general experience and got compensation. None of it felt like closure. I helped people in similar situations but that didn't end my anger either. A few years has passed and I only felt at peace once I decided to let it go. The only person that was still suffering was me

messages that whilst aren't concrete evidence, lend themselves to supporting everything I have said.

You've answered your own question there. I'm sorry for whatever happened to you, but I would not put yourself through the stress of worrying if -after having been a victim of this person-that you will again become their victim.
What mode of communication were you thinking of using? Facebook? Why are you asking strangers on the internet advice on this instead of family or friends who will presumably be more familiar with your story and give you better advice? Is it because they will tell you not to do it?
If this was a sexual assault you could try a victims support service, who can advise you and act as an advocate with the police service in your behalf. Is this person a teacher? Do they work with children?

Hi @PrincessCatapus it sounds as though you are quite hurt by what happened and still affected by it.

I wonder if seeking some therapeutic support may be a better and healthier use of your energy to try and work through the situation and seek closure that way?

If they’re a regulated professional (e.g medical, legal, accountant, teacher etc) then you can make a referral to their regulatory body it you have genuine concerns that they’re not fit to practise in their professional role because of what you say they did.

However it sounds that you’re more interested in getting revenge of some sort (I’m not judging this, but that’s how it sounds), in which case the above suggestion would not be appropriate or worthwhile. The regulator would only be interested if there is a realistic prospect that their fitness to practise is impaired - and obviously there would have to be some substantive evidence. The threshold isn’t the same as the criminal one - I.e beyond reasonable doubt - but if it’s just deemed a malicious referral then obviously it won’t get very far.

If you just want to publicly shame the person my own advice would be - don’t. It can only end badly and anything defamatory could get you into hot water - as you already know.

You would be mad to pursue this

Thanks for all the responses. I don’t want to divulge too much. Family and friends are supportive but have said to be careful. Being a very careful person but unable to afford a solicitor this was my last ditch attempt at getting some extra advice as I really don’t want to do something I’d later regret.

Yes of a sexual nature, twice, and in a regulated profession.

It is about revenge to a point, and closure, but also I do not this this person is fit to do the job they do because of what they’ve done.

Absolutely agree some form of talking therapy may be a good way to resolve this as I can’t continue with the cycles of it absorbing me.

Verba volant, scripta manent.

Whoops, pressed send. There's nothing from stoping you insinuating to people!e verbally that he's "handsy" if you're worried he'll target someone else in work. Don't even have to mention it's you he's been handsy with. Just slip it in. Oh Mark in accounts, he's meant to be very ahem forward with the new girls. Mud sticks. In this guy's case it sounds deserved. Just do not put anything in writing. No paper trails :)

If you can't afford £500 for an hour of a solicitor's advice, you can't afford to do this.

The famous Katie Hopkins is bankrupt and selling her house because she was sued for defamation because of a couple of tweets and lost the case.

I think you’re making yourself sound a bit barmy to be honest. Don’t do it.

Don't do it, the risks to yourself are too high.

The only ones that could possibly benefit are the legal profession.

@fluffiphlox

I think you’re making yourself sound a bit barmy to be honest. Don’t do it.

That's a bit harsh. Sometimes there is no justice for victims of sexual assault. It's one person's word against the other and it is a man's world. When there's no justice from the law it's quite natural to want to get your story out there. OP is being cautious and asked advice before posting whatever it was she was going to post. It's not like she was planning to run him over with her car 🙄

Could you report them to their regulatory body, if there is one separate to their employer?

@fluffiphlox

I think you’re making yourself sound a bit barmy to be honest. Don’t do it.

No you are not, ignore them gaslighting.

And yes to reporting to the regulatory body.

Thanks @Lalaloveyou2020 appreciate the advice and the support. Unfortunately I don’t really mix in circles where word of mouth however tentatively done would have any effect. Appreciate your words also, it’s been a weird journey and quite right there’s absolutely no justice. It really is a world made for men.

I made tentative enquiries with their regulatory body and was brushed off as I’m just a member of the public. A civil case may be something to pursue when we’re hopefully wealthier 😂 If I haven’t somehow managed to make some sort of peace with it all.

@rebbonk

Don't do it, the risks to yourself are too high.

The only ones that could possibly benefit are the legal profession.

Sadly, yes.

Quoting the long-ago "give your house to someone" post to prove she's been a longtime MNer is particularly apposite here, because that's basically what she could end up doing. Except it wouldn't be to a random someone, it would be to this man to pay his legal costs.

@PotholeParadise we don’t have a house as yet, and no real assets or sums of money. So not very much to lose at all really financially, but I’m unsure whether he could pursue for costs later down the line. I’ve read somewhere that they can come for compensation some 10 years later which really puts me off.