Abuser bringing a defamation case against victim?

[askingformyfriend]

Hello, NC for this. Long one; I'm sorry!

A friend of mine was abused when she was under the age of consent, by someone about 10 years older than her. This person is connected to her family via a large organisation that many family members are members of.

Last year she decided to report this person to the police, and the person was arrested as the result of her allegations. In the end the police said there was nothing that could be done as there was no evidence.

There was a written admission/apology of what happened by the abuser, but this was destroyed years ago by my friends mother. She is now NC with her mother.

This week she received a letter from her abuser stating that if she didn't go back to the police and tell them that her allegations were all lies, he is going to sue her for defamation (he states he has consulted a lawyer and they said it is the best defamation case they have ever seen).

She took the letter to the police and they have kept it and told her to tell them if she receives anything else. She's a bit shaken but seems to be holding up well. I'm digging wherever I can with citizens advice and victim support to try and get some assistance.

I'm trying to find out the following :

1. As I understand it, once you have made a statement to the police, you can't just go and change/retract it, am I right?

1. Is there any case for defamation here? I can't see it but I have no legal experience and I struggle to properly understand or explain the definitions.

I can't see how defamation could be proved, if the police were not even able to charge based on lack of evidence. My suspicion is that the abuser has been trying to get a job and the arrest has shown up on a check or something, prompting this. Any other advice on things I could do to help my friend?

Thanks in advance all

I'm not a defamation lawyer, but I believe making a complaint to police is not capable of founding a claim in defamation.

I note these imaginary lawyers haven't written themselves. Funny, that.

I imagine it's not true as usually a lawyer would write directly to the person to not allow their client to do so. I'm not a lawyer but I also doubt it's true as then victims wouldn't come forward for any crime as they'd be too worried about being sued afterwards! I hope I'm right and some new evidence comes against the bastard. What a fucker

Also not a defamation lawyer but know that area of law well. A complaint to the police is covered by absolute privilege. This means that even if the complaint is malicious any attempt to sue for defamation will fail.

I agree with other posters that the lawyers the abuser claims to have consulted are imaginary.

(he states he has consulted a lawyer and they said it is the best defamation case they have ever seen)
Doesn't sound very realistic does it.

Thank you all!

Yes, my first reaction was that the stuff about the lawyers was made up to intimidate her, and that its not even a good lie.

I think her family members must still have contact with the person, as he also wrote that she had to apologise to her parents as well as tell the police it was made up (yes it's a crazy situation).

She seems to be handling it well, she's just anxious of something else turning up in the post (the police initially said they would speak to him to warm him off when she handed in the letter, then decided not to).

How many things would he have to send before it's considered harassment?

Do not let her retract her statement. Ignore the person and subject and report further contact to the police. Tell her to stay strong.

Can she afford a solicitor to get a cease and dissist letter sent to this person threatening further legal action if he continues to harass her?

Cream, yes this is what I've told her, and am reinforcing at every opportunity. I don't think she intends to but I can't be sure.

Bam, I don't think that would currently be an option due to cost. What would be a reasonable amount to expect to pay for such a letter?

Thank you again for all your help, things seem to be settling. I'm worried she left the letter with the police and has no copy of it, that might just be my own paranoia at work though.