Legal Question in Civil Litigation in California

Civil case against false claims!

About a year ago I was accused of rape by a friend that I slept with. When I talked to the officer in charge of the case, he automatically knew, based on what she was claiming, that she was lying. He told me that he decided not to press charges against her for falsifying. But he recommended I sue her for defamation of character. This was about a year ago, I am still bitter over this as it seems she doesn't care and has done this to someone else. Can I still sue?


Asked on 6/24/08, 11:28 pm

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

Re: Civil case against false claims!

Probably not. If all your former friend did was make a report to the police, she'd probably be immune from a defamation claim under Civil Code section 47. You might have a claim for intentional infliction of emotional distress, however.

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Answered on 6/25/08, 12:39 am


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