Legal Question in Criminal Law in Colorado

Suing a minor for defamation of an adult

My husband is a teacher and an 8th grade student is accusing him of kissing her a couple of months ago. There are no witnesses, no proof and the general information about the claim is real shady. Can we sue this girl for defamation of character? Even after they find my husband innocent he will still be looked at differently by the staff at the school and he may have a hard time finding any job! This girl needs to pay for ruining not only his by mine and our 18 month old son's lives! Can we sue???


Asked on 2/04/08, 5:32 pm

2 Answers from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Suing a minor for defamation of an adult

You can't sue a child (someone under 18) in a Colorado court, and when you think about it, you wouldn't want to. Do you really want it known further to the community at large that a 13-year-old girl claimed your husband sexually assaulted her, and now he's trying to beat her up in court for money?

Mr. Savela is right; squash this case at the criminal level, and then get on with your lives. Your lives are not ruined. This is a terrible and extremely hurtful accusation and your pain is raw and fresh. But this can be handled, and you will heal. Things will get better.

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Answered on 2/06/08, 12:12 am
Jason Savela The Savela Law Firm, PC

Re: Suing a minor for defamation of an adult

always focus on the most important issue first and that is winning the criminal portion -- no civil suit is worth a hill of beans if you lose

yes you can sue, but the question is can you collect - does the child or parents have any money? did the school become liable for the behavior of the child some how??

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Answered on 2/04/08, 8:43 pm


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