Legal Question in Criminal Law in California

I belong to a non-profit organization, much of our communication is done via internet. A club member has taken it upon himself to slander my name, by changing my email address in the club and listing me as "gay". This new email address has been circulated now outside the club, it is offensive to me and my family. Is there any criminal action I can take against this individual state and/or federal?


Asked on 7/03/10, 2:12 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You have the right to sue the villain in state court, at least for intentional infliction of emotional distress and invasion of privacy. I doubt the police would become interested. Watch out for legal time limits.

The fact that he called you "gay," while this offended you and it would likely offend many people, might not be enough for a defamation suit in the present day. So what if you are gay? But many people do sue for defamation in the California courts for being described as "gay." See G. Arana, Queer Eye for the Libel Guy (Slate magazine 2/27/09), http://www.slate.com/id/2212339 .

Invasion of privacy might be a more appropriate legal theory: Believe it or not, you may have a better lawsuit for being outed.

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Answered on 7/03/10, 10:40 am


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