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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Defamation advice needed

49 replies

PrincessCatapus · 17/07/2020 22:06

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.

OP posts:
PotholeParadise · 18/07/2020 00:09

[quote PrincessCatapus]@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.[/quote]
You may not have many assets to lose now, but that means you're all the easier to push into bankruptcy. Past bankruptcy will pose a problem in getting a mortgage later, and applying for various jobs.

PrincessCatapus · 18/07/2020 00:12

@PotholeParadise I thought as much. Jesus, I understand why the law is there but it doesn’t half screw me over at ever turn.

OP posts:
Pixxie7 · 18/07/2020 00:22

Have you thought of contacting a para legal, your obviously still upset by this incident. However you may set yourself for a fall and make things worse.

NC4Now · 18/07/2020 00:32

My spidey senses went off at ‘if I don’t name them but I identify them...’

You run the risk of IDing a whole department. Expensive. Say away OP. Silently/

PotholeParadise · 18/07/2020 00:36

I'm afraid the system and culture we live in serve victims of sexual assault very poorly.

Flowers
SciFiScream · 18/07/2020 00:41

Could you write out exactly what you want to say, share it with a trusted person verbally and then burn the paper ceremonially?

eveningfalls · 18/07/2020 00:58

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.

I could not leave this. Revenge, closure... but also is this person in a position, of an age to still have a future victim? Do you think you were the only one?

PrincessCatapus · 18/07/2020 01:02

@eveningfalls yes. He’s currently dating a girl the age of people he is interacting with on a daily basis. He was also seen doing something under a blanket to a passed out friend a year before he did it to me. I have no doubt in my mind I wasn’t the first and won’t be the last and that he is dangerous.

OP posts:
PotholeParadise · 18/07/2020 02:02

OP, may I just say that I think you have tried every realistic option. You went to the police, and it wasn't enough to go to court.

I'm sure you've been told you're not to blame for your own assault. He is. You're not to blame for future assaults either. He is.

Don't take on responsibility for his actions!

bronzeandglass · 18/07/2020 04:55

This reply has been deleted

Message withdrawn at poster's request.

bronzeandglass · 18/07/2020 04:59

This reply has been deleted

Message withdrawn at poster's request.

Oblomov20 · 18/07/2020 05:28

People don't understand how damaging this is, and how consuming it is. It eats you alive.
I'm so sorry, but from experience I know you can never get the resolution you seek.
Letting go is incredibly hard.

tara66 · 18/07/2020 05:49

Surprised the regulatory body for this person - you said he did the same thing to someone else ''under a blanket'' - won't listen to you. Can you try again (seems to be medical profession?)? Can't believe they won't listen to you. Perhaps find out who is on the board - if there are any women?
Can't you present a case for them or just submit a statement for their records - or perhaps you have?

Atadaddicted · 18/07/2020 05:54

Op
I feel for you
However what you suggest, I suspect will result in the following:

You losing money
You spending far too much focus and energy on pursuing
You coming across as unhinged

And very little to no impact on him

monotata · 18/07/2020 05:54

Don’t do it

Atadaddicted · 18/07/2020 05:55

Where would you even publish?!

ivfdreaming · 18/07/2020 06:10

We have a little thing in this country called innocent until proven guilty. Whether or not there was a "miscarriage or justice" in your case the fact remains there was not enough evidence to prosecute or find the person guilty.

I would perhaps channel your energies into finding other "victims" who can then try and bring another case forward

PrincessCatapus · 18/07/2020 08:38

Thanks again everyone for all the advice. Other girl was blind drunk, remembers nothing and I’ve tested the water of getting her to speak up but it’s a no go. I can’t drag her into it unwillingly. Sounds like this is a no go without putting myself in a vulnerable position.

OP posts:
Atadaddicted · 18/07/2020 08:46

Thank goodness

You were about to make an epic and costly mistake

Mydogisthebestest · 18/07/2020 08:51

Can you email the regulatory body with the evidence you have and your account if events and ask that they keep it on record?

At least that would be something if someone else ever comes forward.

Helpnamebabyboy · 18/07/2020 10:51

Formal complaint to the regulatory body. In writing, with all evidence you have available to support it. Depending on their role they may have to meet fit and proper standards and it sounds like your complaint could have a significant impact on their ability to meet them.

PrincessCatapus · 18/07/2020 18:38

I could do that but I recall looking into this and not being able to find any info about how to go about it. I’ll have another look tonight. Thanks

OP posts:
Griselda1 · 18/07/2020 20:10

I know of a local case where an allegation of wrongdoing was made on social media and compensation of 50k plus legal costs were awarded. Proceed with caution.

BornOnThe4thJuly · 18/07/2020 20:18

Much as she may quite like to (run him over)...

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