Legal Question in Personal Injury in Louisiana

slander or libel

My son was falsely accused of forcible rape. The police investigation has been closed. Can my son and I sue for defamation or slander and receive punitive damages?


Asked on 5/07/08, 10:02 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: slander or libel

He can sue the person who accused him of the rape if they did so knowing it was a lie. I doubt if he can sue any police agency. Libel, slander and defamation of character occur when written and/or spoken words damage one's reputation and whatever follows, ie, you lose a job or are demoted etc. The mere accusing one of a crime is defamation per say, so that if he can prove someone intentionally accused him of the crime knowing it was false, then he can get damages. I do not believe punitive damages are available in this type of suit.

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Answered on 5/07/08, 10:20 am


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