Prayer For Justice From False Accusations
Seven Laws of Prayer
In nature, everything works according to set laws. It is the same in the spiritual realm: God acts according to laws. So often we get discouraged and believe that prayer is useless when our prayers do not get answered. However, the actual reason is that we have not fulfilled God's laws which are a condition for prayer.
1. The Law of a Pure Heart
“Let us draw near … having our hearts sprinkled from an evil conscience…” (HEBREWS 10:22). God's first condition is that my heart must be pure. “If I regard iniquity in my heart, the Lord will not hear me” (PSALM 66:18). What a statement!
In ISAIAH 1:15, God says: “I will hide mine eyes … I will not hear”. Sin in your heart will close God's ear and cut off all communication with Him. It is useless for me to pray when I am carrying a sin on my conscience which I have not yet acknowledged. I might as well get up from my knees if there is anything in my life which I know is contrary to the will of God.
God said to Joshua: “Get thee up … Israel hath sinned … Therefore … Israel could not stand before their enemies … neither will I be with you any more, except ye destroy the accursed from among you” (JOSHUA 7:10-12).
The Lord told Joshua to stop praying. Why? Because He does not want to communicate with a soul that remains in sin. Repentance and cleansing from sin are essential for fellowship with God.
2. The Law of a Forgiving Spirit
“And when ye stand praying, forgive, if ye have ought against any…” (MARK 11:25). This is a condition for getting your prayers answered.
I fear that the spirit of unforgiveness is more widespread than one would generally notice.
Often you can find it with people who are, outwardly, very sincere, and who take an active part in the work of the Lord; even these people can harbour a spirit of unforgiveness towards somebody else. If we are not prepared to forgive, our prayer will not be acceptable to God.A forgiving spirit is so essential that the Lord made a drastic statement in Mark: “But if ye do not forgive, neither will your Father which is in heaven forgive you your trespasses” (MARK 11:26, MATTHEW 6:15). I will not try to explain this mysterious statement of the Lord.
However, in the light of it, I search my own heart and watch and pray earnestly that I will never be guilty of this horrible sin, and that I will never be subject to this terrible judgment.
3. The Law of the Right Motive
“Ye ask, and receive not, because ye ask amiss, that ye may consume it upon your lusts” (JAMES 4:3).
I can go to God and ask Him for things which are completely in order: e.g. I can ask Him to use the Gospel for the salvation of souls, to let evangelisation prosper, etc.; but if my motive is my own pleasure, my own wealth or the approval of people, my prayer will not be answered.
When I ask God for success in my ministry, can I ask Him with equal sincerity to give my brother the same or even greater success than what I am praying for myself? Can I rejoice when God pours His Spirit out upon another brother or sister and uses them mightily? Can I rejoice as much as though God had used myself? If I cannot do this, my motive for praying is wrong.
If my prayer is to be victorious prayer, which guarantees an answer, it is not to be inspired by the desire for selfish pleasure or success.
A proper motive is essential in order to receive an answer to our prayer. And there is only one reason to pray which is right – namely: “That God in all things may be glorified” (1 PETER 4:11; 1 CORINTHIANS 10:31). Is this my motive?
4. The Law of Faith
“Let him ask in faith, nothing wavering…” (JAMES 1:6). Weymouth translates this as: “Let him… have no doubts.” Faith is indispensable if we want to receive answers to our prayers, for “without faith it is impossible to please him” (HEBREWS 11:6). However, when there is faith, God works miracles.
In the Gospel of Mark our Lord gave an amazing promise to the praying soul: “…whosoever shall say unto this mountain, Be thou removed, and be thou cast into the sea; and shall not doubt in his heart, but shall believe…
he shall have whatsoever he saith” (MARK 11:23).
How many of us have prayed that the mountains which block the spreading of the Gospel should be removed! Yet, how few of us have seen these mountains being cast into the sea? Why? Because of our unbelief.
5. Pray According to the Will of God
“If we ask any thing according to his will, he heareth us” (1 JOHN 5:14). Everything depends on this. First we have to find out God's will, and we have to pray according to this will. Without knowing God's will it is impossible to have faith that moves mountains.
Paul's prayer for the Colossians was that they “might be filled with the knowledge of his will” (COLOSSIANS 1:9). This requires an intimate knowledge of God Himself. How do we get to know the desires of our friends? By talking to them, and by being with them often.
How do we get to know God's will? By five-minute-prayers? No! It is by waiting, waiting, and waiting on God. We cannot get to know the will of God within five minutes, perhaps not even in five hours, and possibly not even in five days.
It is a matter of waiting before God daily, and learning His will for that day.
6. Praying in the Name of Jesus
Jesus said: “If ye shall ask anything in my name, I will do it” (JOHN 14:14). What a promise!
But what does it mean, to ask in the Name of Jesus? Something much deeper than some people think. It is not a matter of quoting a formula. This cannot achieve a result. A formula can be on our lips, but have no meaning whatsoever.
But what is its meaning then?An employee goes to the bank to draw money on behalf of his employer by presenting a cheque with the employer's name on it. He receives 1000 dollars. Why? Because the bank clerk knew the employee? No! The employee could not receive the money just by his own efforts; however, if he asks for it in the name of his employer, he will receive the full amount which is written on the cheque.
To ask in the Name of Jesus means to ask for things Jesus would . God will never say no to this: He cannot, because He loves His Son; and when we pray in the Name of Jesus our prayer must be answered, even if it means removing a mountain.
7. Praying in the Holy Spirit
“Praying in the Holy Ghost” (JUDE 20) is the secret of every victorious prayer. It is impossible to ask in faith if we are not controlled and inspired by the Holy Ghost. The Holy Spirit is the only one who can give faith; He is the only one who knows what Jesus wants, the only one who can reveal the will of God.
How can we pray in the Holy Ghost? The secret can be found in GALATIANS 5:25: “If we live in the Spirit, let us also walk in the Spirit.” Before we can pray in the Holy Spirit, we must learn to walk in the Spirit; i.e. to live in unbroken fellowship with God, every day and every hour of the day, in fact “moment by moment”.
Only then, once we have learnt to do that, will we always be able to pray with a pure heart, with a forgiving spirit, with the right motive, with unreserved faith, according to the will of God, and in the Name of Jesus. Then, and only then, can we receive answers to our prayers. Then “it shall happen”. Then we will be able to challenge every mountain in the Name of the Lord Jesus.
Provided that we walk in the Spirit, nothing, NOTHING, NOTHING will be impossible to us.
Lord, teach us to pray!
by A. Frank Evans
Source: “Redemption Tidings”
The book of Job explains that Satan was the cause of the sickness that he suffered. However, there are different views about why Satan was able to afflict Job with such terrible pain. Some say that Job let down his “hedge of protection”. Others say that Job succumbed to fear. Neither makes sense, because the book is clear that Job was not sick because he sinned.
A key message of the book is that his sickness was caused by the spiritual powers of evil. The reason why Job becomes sick is that Satan is an accuser. His name is a Hebrew word meaning accuser or adversary. Satan is a prosecutor who attacks God's people by making accusations against them.
Satan accused Job of serving God with impure motives. He did not really love God, but loved the stuff that God had given him. If God took his wealth away, his true motives would be revealed. Satan accused Job of serving God for what he could get it. He claimed Job's love of God was really selfishness.
By making this accusation, Satan forced God to take away Job's wealth and health. How was he able to do this? He is a liar, but he knew better than to lie to God. So what evidence did he have to present against Job? He must have had testimonies from people who knew Job well and had influence in his life.
The answer becomes clear when we look at what Jobs friends said to comfort him. At first, they were kind, but when he refused to admit that he deserved what had happened to him, they got frustrated and revealed their true thoughts about him. They said he was greedy and deceitful.
Here is Eliphaz,Your iniquity teaches your mouth,
And you choose the tongue of the crafty (Job 15:5). Is not your wickedness great?Are not your sins endless?You demanded security from your relatives for no reason;you stripped people of their clothing, leaving them naked.
You gave no water to the wearyand you withheld food from the hungry,
though you were a powerful man, owning land (Job 22:5-9).
Zophar agreed,For he has oppressed the poor and left them destitute;he has seized houses he did not build.Surely he will have no respite from his craving;
he cannot save himself by his treasure (Job 20:19-20).
Bildad was quieter, but pursued the same theme.The steps of his strength are shortened,And his own counsel casts him down.For he is cast into a net by his own feet,
And he walks into a snare (Job 18:7-9).
People do not change their opinions about other people. If Job's friends believed these things after he had suffered, they would have believed them while he was prosperous. They might not have accused Job to his face, but they would have spoken their accusations to each other, while gossiping about him. They would have said these things to other people when they asked about Job.
When Satan appeared before God, he accused Job of impure motives. He said that Job was deceitful and greedy. This is exactly what Job' friends said when he was suffering, and would have said earlier when he was still prosperous.
Eliphaz, Zophar and Bildad were Job's friends. They knew him well and had influence in his lives. This gave weight to their testimonies. Their accusations against him allowed Satan to make the same accusation about Job to God. Satan was able to claim it was true, because these men knew Job well and they agreed that he was greedy and deceitful.
Satan did not make up his accusation against Job. He was just repeating the accusation that Job's friends had already spoken.
Because they were men of integrity and authority, God had to accept their testimony. Their testimony proved Satan's case against Job, so he was legally entitled to inflict sickness on him.
The devil brought sufficient testimony against Job that God had to agree and allow him to be punished.Satan twisted the rules of justice to do evil. God's principle of justice is that facts are established by the testimony of three witnesses.
One witness is not enough to convict anyone accused of any crime or offense they may have committed. A matter must be established by the testimony of two or three witnesses (Deut 19:15). Jesus confirms this in Matthew 18:16. These laws existed in heaven before God gave them to Moses on earth.
Satan was able to accuse Job effectively, because he found three reliable witnesses who had testified against Job, without realising. This gave Satan the right to accuse Job and afflict him with sickness.
Christians need to understand the role of the accuser. He is looking for witnesses whose testimony he can use as accusations against God's people.
When we criticise other people and speak negative things about them, Satan can pick up these testimonies and accuse them before God.
If he can find three people saying the same thing, he has the three witnesses that he needs to establish the accusation as fact. This gives him the right to afflict the accused person with sickness.
Many Christians are sick, because brothers and sisters in the Lord have spoken words of accusation against them and the accuser has taken these words and used them as testimony to accuse the person before God. Before they can be healed, the power of these testimonies must be broken.
The accusations of people in authority, such as parents, pastors and employers, provide even more powerful testimony. The enemy can say, “His parents said that about him, so he must be bad; it must be true.”
Jesus warned his followers that they would have to give an account for all the “idle words they have spoken.I tell you that everyone will have to give account on the day of judgment for every empty word they have spoken (Matt 12:36).
On that day when we stand before the Lord, we will be embarrassed by our sins and the things that we have not done. We will be shocked most by the harm that we have done to other Christians by our idle words.
These are words that we have not thought about much, but Satan had heard them and used them to accuse the person and punish them with sickness or trouble.
Idle words are spoken, or thought, in various situations. Often they are part of a conversation that turns into gossip.
Sometimes they can be a response to a question about someone. Idle words can become testimonies that support and accusation can in two different ways.
- The simplest idle word is a direct accusation.He was stingy to the poor person who asked. She got angry when she was challenged. He exaggerates all the time. I think that she was lying. He always takes more than his share.
- Some idle words are actually prophecies about a person's future.He will eventually lose his money That will turn out bad for her. He will lose his job She will not be healed That sickness will return.
Satan can use these words as a testimony about the person spoken about. Ideally, he needs to find three people saying the same thing. He really loves gossip, because that is a good way to get people to agree with an accusation.Satan s testimonies from Christians because they have more credibility. He can say, “This witness is a Christians, so their words are reliable.”
The biblical principle is that we should never say things about another person that we have not said to them (Matt 18:15-19). If we are concerned about something a brother or sister has done, we should speak to them first. Only if they refuse to listen should we speak about it to others.
We must learn to be more careful about how we speak about others. Idle words spoken against other believers become testimonies that Satan can use to accuse them. If he can get several witnesses to agree, he gains the right to harm the believer. Several idle words that agree can be used by the spiritual powers of evil and used to gain authority over the person accused.
When praying for people who are sick, we might need to deal with accusations that have been made against them. If someone is not healed, it might because the accuser is using accusations against them to justify the sickness.
The power of the accusations will have to be broken before the person can be healed.
The power of accusations are broken in different ways, depending on their nature.
- We are human, so many accusations made against us will be true. That does not matter because Jesus dealt with our sin on the cross by shedding his blood. If the accusations are true, the person accused can agree with them and declare that they are already dealt with by the blood of Jesus. They are forgotten by God. Acknowledging an accusation and covering it with Jesus blood is sufficient to break its power.
- Some accusations will be untrue. We can break their power by refusing to accept them and proclaiming God's truth. For example, we can declare that we are pure and blameless, because we are washed in the blood of Jesus.
- If the accusation takes the form of a negative prophecy, we can declare it to be null and void, because it did not come from God. We can crush its power by declaring God's truth. The best way to do this is to declare the promises and prophecies that God has specifically given to the person.
When Job was sick, he made an appeal to God who declared that he was not at fault. God's testimony overturned the testimony of his friends and Job's health was restored.
Some of the sickness amongst Christians is the consequence of Satan's accusations against them testimonies by their brothers and sisters in the Lord. When we pray for them, we must nullify these accusations by declaring that their sins that they have been accused of have been covered by the blood of Jesus.
Anyone struggling to be healed should seek the Lord and ask the Holy Spirit to reveal if there are any accusations against them that are holding back their healing. These may need to be broken before healing can come.
We do not need to know the nature of an accusation to deal with it. It is probably best not to focus on the accusation, as it might distract us from our true calling.It is more important to focus on the words that God has spoken about us.Sometimes the accusation may have been made against the sick person's father or husband.
Job's family were afflicted when Satan was able to make accusations against him.
Under the biblical model of justice, the person who gives false testimony against another can be given the penalty that their testimony would have inflicted on the victim of their lies.If a malicious witness rises against any man to testify against him of wrongdoing… the judges shall make careful inquiry, and indeed, if the witness is a false witness…
then you shall do to him as he intended to have done to his brother (Deut 19:16-19).At the end of the book of Job, God restored Job because he was innocent. Since the three friends had given false testimony against Job, they could have experienced what they had allowed the accuser to inflict on him.
However, God asked Job to offer sacrifices for his three friends and pray for them.My servant Job will pray for you, and I will accept his prayer and not deal with you according to your folly (Job 42:7-8). God heard Job's prayer and protected them from the consequences of their false testimony.
They could have been inflicted with sickness and poverty, but were kept safe.
Some Christians will be sick, because they have given false testimony against a brother orsister, and they are receiving the consequences that the person they were accusing would have received, if their testimony had been accepted.
This is another reason why we should be careful about our words. A false accusation can harm a brother or sister, but it can also fall back on us, if our testimony is confirmed to be false.
If the Holy Spirit convicts us of speaking words that have harmed a brother or sister, we should ask the Lord for forgiveness. We should declare to the spiritual powers of evil that we are withdrawing our testimony and that we will not testify against the person they are trying to harm.
False accusations of Munchausen by Proxy, The Truth Behind the Label: Part 3 – A Failing Justice System
(Part: 1 | Part: 2 | Part: 3 | Part: 4 | Part: 5 | Part: 6)
A failing justice system
The justice system is fraught with difficulties for an accused person. The odds are always stacked up against them due to failures in legal aid [ as established by the case of Steel and Morris v UK that showed the unavailability of legal aid in defamation cases.
Lawyers are so expensive that they are now reserved for the rich. This is explained by the defence attorney Ryan in Sick Kids
“Ryan is one of the leading defence attorneys for people accused of MSBP Often working for free, he has persuaded the courts to overturn two guilty verdicts and has won dismissals of allegations in four other cases.
He said he consults with 30 to 40 women annually who are accused of the syndrome and has volunteered more than 4,000 hours of his time defending women.
He estimates the cost of defending someone accused of MSBP can range from $25,000 to $1 million”
With these type of legal expenses, working class mothers of disabled or sick children have little or no chance in clearing their names, should they be falsely accused. The stress of fighting to prove their innocence in whatever way they can is often extremely difficult and time consuming on the mother/care giver.
If the mother/care giver is single then she has to weigh up whether she can fit in work and child care around the vast amount of paperwork and research needed to win her case. The stress of litigation and character assassination can cause mental health problems in those with no previous history.
It has also been confirmed by professionals that parents are unable to sue.Mr Clifford Miller a Lawyer wrote this on the BMJ Rapid Responses in answer to an article
“DOCTORS’ LIABILITY 24 YEARS FOR FALSE ABUSE ACCUSATIONS
The House of Lords’ decision reported in your 30 April article ‘Parents wrongfully accused of child abuse cannot sue doctors‘ is to be welcomed at least in part. It confirms that paediatricians and ly others who make false, reckless or negligent allegations of abuse against a parent owe a duty of care to the child.
Consequently, the guardians of the child may bring an action on the child’s behalf any time up to its 18th birthday.
Alternatively the child will have three years from the 18th birthday to bring a claim for personal injury.
If other claims can be sustained then perhaps up to six years beyond the 18th birthday, such as where a prosperous family environment was destroyed and the child left in less advantageous circumstances in consequence.
Accordingly, paediatricians are at risk for periods of between 21 to 24 years, as will be their employers.”
Even with an admission of a wrong diagnosis, deleting this from the files containing the false diagnoses is extremely difficult. Climbing the mountain of justice is extremely hard for a mother without the support of a defence union [as doctors have]. The Information Commission sin the UK uggests that an individual can make a Section 10 request under the Data Protection Act 1998.
Section 10 Data Protection Act 1998.
“10 Right to prevent processing ly to cause damage or distress
(1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons
(a) the processing of those data or their processing for that purpose or in that manner is causing or is ly to cause substantial damage or substantial distress to him or to another, and
(b) that damage or distress is or would be unwarranted
It is clear that the health and social services systems have not put in place a method of addressing the serious problems that may be faced by a mother who is misdiagnosed. Faced with this system and profound losses in their lives, mothers will often rely on anyone who offers them a chance, any chance through the system.
Sometimes, “any chance” isn’t the right chance or the right method of addressing the problems. In distress, it is natural for anyone to lash out at professionals or anyone whom they perceive to be in their way. Doctors and Social workers often seem impervious to the implications of a wrong diagnosis.
Coupled with this the system has no way of addressing these issues. By default due to the failures of both the health and social systems to address grievances properly, the targets become the workers within the system itself.
While legitimate debate and legal challenge is acceptable, harassment is counterproductive and may have the net result of placing child protection at risk. This is counterproductive for all concerned.”
It is difficult to understand why a criminal can have a conviction which is spent however a mother or care giver who is accused falsely and proven to be innocent cannot get data removed.
Countess Mar the House of Lords certainly agrees with this.
Lords Hansard text for 17 Oct 2001 (211017-06)
“Even when accusations of child abuse against a parent or parents have subsequently been withdrawn, often after prolonged and costly legal action, the stigma of being branded a child abuser by the local authority remains with the parents.
Once a social services referral is placed on their Samson database, the details remain for ever, no matter what the outcome of later inquiries. The referral becomes common knowledge in the local community.
Those who work with children, either as carers or teachers, are refused employment and those who have been active in the community or in voluntary work find that they are no longer required, especially if children or young people are involved.”
In other words a wrong accusation of MSBP brings with it stigma and ridicule which is impossible to remove even when proven innocent.In June 2004 following the conviction of Ian Huntley for the murders of Holly Wells and Jessica Chapman, Sir Michael Bichard was asked to lead an Independent Inquiry into Child Protection measures by the Home Secretary Rt Hon David Blunkett MP. This was mainly on record keeping and Information sharing in the Humberside Police and Cambridge constabulary.
This was called the Bichard Inquiry.
This was due to the fact that Ian Huntley had been known to authorities for a number of years and yet this information had not emerged during the vetting procedure, allowing Mr Huntley to be employed by a school.
In this report certain guidelines were suggested to stop this from happening again.
A new system for registering those working with children and vulnerable adults
61 The current arrangements could be improved within the existing vetting framework to address concerns about checking identity, checking an applicant’s addresses, dealing with incomplete and withdrawn applications and providing access to additional databases (for example, HM Customs and Excise). However, the resulting improved regime would still have overlaps, duplications and inconsistencies and could only offer a snapshot taken when a vetting search was undertaken.
62 I am, therefore, recommending a very different system. I am proposing the introduction of a register of those who wish to work with children or vulnerable adults – perhaps evidenced by a licence or card.
The inclusion of an individual on this register would reassure employers that nothing was known by any of the relevant agencies about that individual that would disqualify them from working with children or vulnerable adults.
63 The register would be constantly updated, following the introduction next year of a new system (the PLX) that will indicate when police forces hold intelligence on an individual.
The register could be easily accessed – subject to security protection – by any employer, large or small, including parents employing tutors or sports coaches.
Such a system would relieve the police The Bichard Inquiry – Introduction and summary 9 of the responsibility of deciding what information should be released to employers and would simplify arrangements for employers.
It could – and I think should – incorporate an appeal process for applicants who were refused registration. It would also avoid information about past convictions being released to prospective employers without reference first to the individual concerned.
On Saturday 13th September 2008 in the Daily Telegraph an article entitled “False child abuse claims to be kept on file.
” This article (no link) stated that Local Authorities are setting up databases to hold records of accusations made about anyone from teachers and doctors to Scout leaders, priests and private tutors.The accusations will be kept on a persons personal file until they retire so that future employers can see them.
This is causing an outcry and being raised on several blogs and websites, one of which is the Liberty Scott blog. She says the following when she discussed the article.
“Instead local government investigates allegations and unless you can prove your innocence, they remain on a file, able to be searched by employers, for the rest of your life. It appears that the UK public policy response to a horrendous crime is to erode the rights of the innocent – because after all, the safest country is the one under constant surveillance.”
Once accused you are in a no win situation, once an accusation has been made it stays for life.
(Part: 1 | Part: 2 | Part: 3 | Part: 4 | Part: 5 | Part: 6)
←Previous post Next post→
Your support helps VacTruth.com continue its mission to help parents and children!
False Accusations Law: Can You Sue Someone For Making False Allegations About You On The Internet?
What happens when someone falsely and wrongly accuses you of having committed an egregious crime? Or, what happens if someone mixes you up with another person and alleges you were in fact the perpetrator of an unspeakable act? Both sets of unfounded and baseless allegations stand to ruin not only your personal reputation, but your professional one as well. Don’t let someone else’s loose tongue or malicious agenda potentially ruin your life. So, what legal recourse is there for someone who has false allegations made against them? Are there any false accusations laws protecting innocent persons? In this comprehensive post, we’re going to walk you through:
If you’ve been the victim of false accusations and other malicious and defamatory online attacks, reach out to the defamation removal lawyers of Minc Law today! At Minc Law, we know the ins and outs of U.S.
defamation law, and have secured the removal of over 25,000 pieces of defamatory and false online content, and all for a flat reasonable fee. Furthermore, we’ve litigated in over 19 states and 3 countries, so rest assured, we know defamation.
It’s time to put an end to baseless and false allegations today! To schedule your free, initial no-obligation consultation, call us at (216) 373-7706 or fill out our contact form online.
First, let’s start with false accusations and their definition. What exactly does “accusation” mean in the context of this post? For starters, false accusations may also be referred to as false allegations or unfounded accusations, and typically occur in the following situations:
- In the ordinary course of everyday life,
- Judicially, &
- Quasi-judicially (think of an arbitrator or administrative agency with powers resembling that of a legal court).
Specifically, false accusations refer to an unsubstantiated claim. Meaning, the claim or statement lacks supporting evidence to determine its veracity (whether it’s true or false). False accusations may generally be divided into three core categories:
- Completely fabricated: allegations which are entirely false, as the events in question didn’t actually happen.
- Wrongly accused perpetrator: allegations which allude to an event that did in fact happen, but were committed or perpetrated by a different individual than the one accused.
- Mixed allegations: allegations which combine both actual events and facts with things that never occurred.
So, what are some of the reasons for persons making false accusations and allegations? False accusations can be the product of several things, such as a person intentionally lying in order to further their own agenda, or unintentionally lying due to a distorted memory or mental illness. It’s also not unheard of for persons to raise false accusations against another in cases of “suggestive questioning” or improper and coercive interviewing techniques by police.
Legal Recourse For False Accusations
Let’s say you have been accused and charged of a crime you didn’t commit or other false criminal accusations – What legal recourse is there for false accusations? Keep in mind that if you have been charged with a crime and it has yet to be resolved in the legal system, then you cannot yet file a civil suit for false accusations/allegations. It’s only after you have been cleared by court of law and exonerated, that you have the legal right to commence a civil suit for financial compensation. Below are the most common types of claims that may be filed in response to having false accusations made about you.
Defamation of Character
Simply put, defamation of character refers to a false statement communicated to a third-party, which ultimately causes damage or harm to a person’s reputation. Defamation of character can be broken down into two fundamental types, depending on the form in which the statement was conveyed; libel and slander.
- Libel: the written communication of a false assertion of fact, which subsequently causes harm to another person’s reputation.
- Slander: the oral communication of a false assertion of fact, which subsequently causes harm to another person’s reputation.
For example, if you were falsely accused of child abuse or rape, and ultimately were fired from your job or suffered a certain type of loss or standing in your community, then you may have a claim for defamation of character.
To check out your state’s respective defamation laws and statutes of limitations, head on over to our U.S. defamation laws mega-page and interactive map.
A defamed party who has been the victim of a statement imputing a serious crime, or crime or moral turpitude, may not have to actually prove damages in their claim, as they will be presumed.
Such legal principle is referred to as ‘defamation per se’, and arises in cases where a defendant has made such an inherently defamatory and inflammatory statement about someone (such as charging them with a serious crime or about their profession). So, keep in mind, if you have been falsely accused of rape, robbery, or another serious crime, you may have a case for defamation of character.
Secondly, if you’ve had a criminal or civil charge brought against you, and you suspect the other party was fully cognizant of the claim’s falsity, then you may have a claim for malicious prosecution. Specifically, malicious prosecution is an intentional tort, which requires:
- The intentional and malicious pursuing of a legal action,
- Without probable cause,
- Which is ultimately dismissed in favor of the victim.
16 U.S. states do however require an extra element to be proved in malicious prosecution cases. Such element is commonly referred to as ‘The English Rule,’ and requires a person prove they suffered injury and damage exceeding that of the “normal” consequences of being sued. Some examples include proving your business’s bottom line suffered, along with other tangible, measurable damages.
Finally, if you’ve been falsely imprisoned due to false accusations, then you may have a potential claim for ‘false imprisonment’.
Note that false imprisonment does not require the actual physical restraint of a person, as long as the person in question is under the belief that they are not free to leave.
To prove false imprisonment in the United States, plaintiffs must generally prove:
- There was a detention in a bounded area,
- Without consent, and
- Without a legal or lawful arrest.
Some common examples of false imprisonment include, a bank robber taking hostages at a bank and a restaurant owner detaining a diner for failure to pay.
Defamation Law Tip: In the wild word of defamation, there’s numerous defenses parties can rely on when confronted with a libel or slander claim. Some of the most common defenses to defamation claims include: (1) truth, (2) opinion, (3) privilege, (4) consent, & (5) innocent dissemination.
Popular Cases Involving False Accusations
Below are just two of the most popular instances where persons are falsely accused of having committed a crime or other inappropriate act.
The false accusation of rape is a person’s intentional statement or reporting of a rape when one has not actually happened. While it can be difficult to determine the veracity of all rape allegations, it’s estimated that anywhere from 2% to 10% of all rape accusations are false.
Felony rape is generally punishable by multiple years in state prison, and requires persons to register as a sex offender (usually for the rest of their lives), so lodging an unfounded rape accusation stands to change an innocent party’s life completely.
Such consequences of being falsely accused of rape include:
- Being unable to work certain jobs (education, government, healthcare),
- Being excluded from welfare programs,
- Losing one’s right to bear arms, and
- Disqualification and revocation of any professional licenses.
In August, 2018, a woman was sentenced to one year in jail for making false rape accusations against two college football players.
Her charge? A misdemeanor charge of “falsely reporting an incident” and “interfering with police.” Such case proves you can go to jail for false accusations.
However, the punishment appears relatively disproportionate for the potential harm and stigma caused.
False accusations of child abuse impute that a person has committed child abuse or child sexual abuse, when in fact, there was no abuse committed by the person accused.
Being falsely accused of child sexual abuse carries great potential for stigmatization and damage to one’s reputation, as denial of child abuse by the accused party, is not commonly accepted.
False reports of child abuse and child sexual abuse are especially common in custody and divorce proceedings, and are typically made after being coercively questioned or interrogated by the persons who believe (or want to believe) the abuse has happened.Oftentimes, children are not the ones making false accusations themselves, with most of the false accusations and allegations actually being initiated by an adult on their behalf.
Defamation Law Fact: Generally speaking, slander claims are usually required to be brought before libel claims due to their potentially fleeting evidence.
Make sure you familiarize yourself with your state’s respective defamation statute of limitations, otherwise you may be barred completely from bringing an action altogether.
Furthermore, we strongly recommend you consult an experienced defamation attorney to help assist you in any filing and discovery requirements.
If you’ve been falsely accused of domestic violence, rape, or other crimes, we strongly suggest you reach out to an experienced defamation attorney to assist you in understanding your rights and legal recourse. False accusations and online defamation are two highly nuanced areas of law, so it’s extremely important to consult an experienced professional.
While the last thing anyone wants to be subject to is false accusations and allegations, there are several important steps one can take to help remedy and prepare themselves for an upcoming legal battle.
Above are just some steps you can take before contacting an attorney, doing so will put you in a better off position than before, and will enable your attorney to sort through the material with ease.
Keep in mind that while you may think talking to the person who has hurled false and baseless accusations is a good way to possibly work things out, don’t do it.
Approaching a person who has made serious (and false) accusations against you can sometimes complicate the matter even further, and it could even result in being charged with “intimidating a witness.
” Furthermore, sometimes persons are falsely accused of a crime, but have not actually been charged. In such cases, we strongly recommend reaching out to an experienced defamation attorney to assist in explaining the law and your rights.If you’ve been the victim of false accusations or other defamatory attacks, contact the defamation removal lawyers of Minc Law today! At Minc Law, we know the ins and outs of defamation law, and have litigated in over 19 states and 3 countries.
Furthermore, we’ve secured the removal of over 25,000 pieces of defamatory and baseless online content, so know that when working with the nationally recognized lawyers of Minc Law, you’re in good hands.
Here’s what you can expect when working with the defamation lawyers of Minc Law:
- Respect & Courtesy: At Minc Law, we understand how invasive and overwhelming online defamation can be, so take solace in knowing that we are always on your side. After all, your goals are our goals.
- Open Dialogue & Communication: Some lawyers go missing once the defamation removal process has started. Not us. Once we’ve started with the takedown process, we will make sure to constantly update you with important details of your case. We’re here to keep you informed.
- We Get Results: Websites and businesses respond to Minc Law defamation attorneys. And, we’ve worked tirelessly in our tenure with website administrators, content managers, and third-party arbitration firms to secure swift and permanent removals.
Reach out today to schedule your free, initial no-obligation consultation by calling us at (216) 373-7706 or by scheduling a meeting online.
At Minc Law, we’re here to fight for your reputation
False Accusations – Falsely Accused Of A Crime – Find An Attorney
When one person makes false accusations against or statements about another and “publishes” those statements (by transmitting them to a third party by written word or word of mouth), and those statements damage the reputation, character or integrity of that person, the target of the statements may recover damages from the person who uttered the false statements. Such statements are called defamation of character.
There are two types of defamation
- Libel: Libel is a defamation that is written, such as in a newspaper, magazine or on the internet.
- Slander: Slander is a defamation that is orally published, such as in a speech, over the airwaves, or in casual conversation.
What are the elements of a defamation case?
Aside from the oral or written character of the statements, the elements of a libel or slander case are the same. The plaintiff must show that:
- The defendant made a false and defamatory statement that he knew or should have known was false (this makes the standard for defamation negligence)—note some false statements do not harm the reputation of the target; and when the defamatory statement is part of a larger whole, if the defamatory part is a insignificant inaccuracy, it will not be considered defamatory;
- The false statement clearly identified the target—vague statements cannot be construed as being about a particular person. If you’ve ever wondered why films disclaim that any resemblance to actual, living people is coincidental, it is to dispel any notion they are clearly identifying a person for malicious statements. Short of actually naming a person (or something close to is, such as “the man who lives in apartment B at such and such an address), it can be difficult to establish the statement has identified the target;
- The defendant published the defamatory statement to at least one-third party who is not the target—if the publication is written, the defamation is libel; if the publication is oral, the defamation is slander;
- The defamation damaged his character in some way.
If someone published horrible things about me that are true, but nobody else knew them, and my reputation was damaged, can I still sue for defamation?
No. In defamation cases, truth of the allegedly defamatory statement is always an absolute defense.
Person A writes an article in the newspaper claiming that Person B has robbed numerous banks. Person B loses his job. The article is false. Person B may sue Person A for libel.
Person A writes an article in the newspaper claiming that Person B has robbed numerous banks. Person B loses his job. The article is true. Person A has an absolute defense in the event Person B sues for libel.
Also, if your reputation is already damaged by your own previous actions, for example, if you have a public history of crime, and someone accuses you of a crime you did not commit, you cannot argue that you were defamed because your character was already compromised.
I did an interview with a local reporter and I mistakenly admitted to something that was false. The statement has been published and my reputation has been damaged. Can I sue for defamation?
No. Consent is an absolute defense to a defamation allegation.
I am a celebrity, and I want to stop tabloids from printing scurrilous rumors and false accusations about me that harm my reputation with my fans. Can I sue for libel?
Yes, but the standard of proof for you is higher. There is a public figure exception in defamation law that states that in order to win a defamation claim, a public figure must show not only that the published statements were false, but that the publisher acted with “actual malice” in printing the story.
Malice is defined as actual knowledge that the statement is false or reckless disregard as to whether the statement was false.
Public figures include celebrities, politicians, and other people who are publicly prominent, such that discussion of them is of public interest.
I am a private person who is involved in a matter of public interest, and terrible and false things have been said about me. Can I sue for defamation?
Yes, but because you are involved in a public matter, the standard will be actual malice.
If someone expresses an opinion, can he be sued for defamation?
Not generally. So long as the statement is about a matter of public interest and is made in a way such that it cannot be proved true or false, the statement is protected from defamation actions.
My former employer said terrible and false accusations about me to another employer with whom I was interviewing for a job. Can I sue my former employer for defamation?
Most ly not. There are certain situations in which a New York law shields a defamation defendant from a lawsuit.
In these cases, the defendant enjoys what is called a “qualified privilege” to make statements about their evaluation of employees (even if they turn out to be false), to law enforcement and to other employers.
Unless you can prove your employer was actually malicious in making these false statements, you will not be able to win a defamation claim.
I am the victim of defamation:
- Document your claim—when, where and how was a false statement published?
- Act quickly, you have a limited time in which to sue
- Contact an experienced personal injury lawyer
Changes may occur in this area of law.
The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general.
It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.