Legal Question in Civil Rights Law in California

slander lawsuit

I have been contacted by the ex wife of my stepbrother that molested me when I was a child. She wants me to write a letter to the court about this period in my life for a custody hearing about thier children. The molestation was never documented and only the family knows. Can I be sued for slander by my stepbrother for writing this letter??


Asked on 11/26/07, 9:23 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: slander lawsuit

If it's in connection with a court proceeding, the answer probably is "no" if it's about your stepbrother, doesn't mention anyone else he might have molested, and it's an affidavit signed under penalty of perjury. See Civil Code section 47(b)(1). A letter -- and not an affidavit/declaration -- might be insufficient to protect you. Also, anyone can be sued for anything. Whether you would be held liable is another question. You should consult with a family lawyer of your own choosing (and not one representing your ex-in-law) to obtain a firm legal opinion and maybe help you prepare the declaration, before doing anything.

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Answered on 11/26/07, 9:41 pm


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