Legal Question in Civil Litigation in Florida
I chose Litigation Law, although I'm not at all sure that's correct. Two years ago, my daughter transferred to a public school in our rural county of 7000 residents. She is a gifted student, talented singer, hard working, and socially shy child who happens also to be very pretty. We are not originally from this area, so she was a transplant coming in as well. Not long after she arrived, a rumor was started that she had made a "sex tape" with one of the high school football players. Having been raising children for 33 years, I am well aware of all the signs that indicate when a child is capable of an act like this. This child has an extremely high moral compass and has never been deceitful or manipulative, and instead has focused ALL of her free time pursuing singing at church, dance classes and school work. I am a stay-at-home mom who is very involved in her life. I have not been distracted and am very astute and intuitive. Activity like this would NOT have escaped me. Nor did she have ANY time alone to accomplish this feat to begin with. She did not spend the night out with friends - they have always hung out at our house because of our openness to this. At the time the rumor started, she had never even had a boyfriend. Now, two years later, even though NO sex tape has EVER surfaced, the rumor persists. Emily is the dance team captain in this, her senior year at high school. The most recent word we've had of its circulation came from two cheerleaders, one the daughter of a school board member and the other the daughter of the elementary school principal, who repeated it as the gospel truth to two of Emily's friends from dance class. Up until this point, we treated the rumor as ridiculous and felt like the less we said about it, the better. We knew it was not true and we thought it would just die when people realized that Emily simply doesn't have this type of character. This time, we went to see the principal, who agreed to speak to the girls, but said there really wasn't much he could do about it. Although we understand his position, we feel that it is absolutely unacceptable to have this kind of rumor being spread by girls who SHOULD know better.
This has impacted Emily in so many ways. She has always been painfully shy in social settings, but she is now battling severe depression. She has always carried herself with a dignity, grace and maturity that belies her years. Of course, this only fuels the fire. The worst part of this is that even adults have begun to treat her differently. All of the teachers she is close to, and there are several, know without a doubt that it is not in her character and that the claim is false. But others have begun to shun her as some of the students do as well. We do know of several youth who have repeated the rumor, including one who swears she has seen the tape. Emily said to her, "Not possible. Show it to us." Of course, she couldn't and no one else has either. If there were a sex tape out there, it would have been seen by the entire TOWN by now.
This is, by every definition I can find, slander and defamation of character. Emily is one of those kids who has worked HARD to maintain a good reputation. Not foul-mouthed, not obnoxious, not proned to show off in any way...just quietly goes about her business. Is there anything at all we can do about this? I am NOT interested in a law suit or monetary penalties. I just want the people who started this slander to step up and be forced to put up or shut up and quell the rumors. I am so certain of the falsehood of these charges that I am willing to do whatever it takes to clear my child's name.
Thanks for your time.
3 Answers from Attorneys
I doubt that there is anything you can do. Rumors are rumors. You say you are not interested in a lawsuit, too. Girls have been spreading nasty rumors about other girls for ages and ages -- some worse than what people say about your daughter. I doubt that the teachers are shunning her, but if you believe that to be the case, she can always speak with them. She will be at college next year and away from the crowd, so I wouldn't worry aboput it. This too will pass.
I agree with Mr. Wagner -- let it go. But, if you won't let it go, and if you have the money, you can file a lawsuit against the meanie people saying this false stuff. I can bankrupt those meanies if that's what you want to do (and if you can pay my attorneys fees). Everyone in town will hate you, but your daughter might come out smelling like roses.
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Sarah
This is a terrible situation and one that persists in our schools. I was sick about 2 weeks ago and had to stay home. Bored, I truned on Dr Phil to see his program. He had on a program just this subject just 2-3 weeks ago. I recommend you get a copy of the video of the program or a transcript of it. His son has written a book about the subject.
I differ with my fellow attorneys. It is certainly a reasonable approach to the situation. However, I think you should see if the school can arrange a meeting with you and the other kids' family and talk this issue out in a resonable manner. Most parents do not want their kids to act this way. Years ago I called the parents of a bully who was picking on my kid. He was sending treatening emails to my son. I had my son keep them as evidence, and when I produced them to the other parent, the situation got resolved. Do not let these bullies push you around. These bullies will become bullies later in life if they are not stopped. Tell your daugher you believe in her and she is great. Tell her the other kids are the ones who have the problems.
Good luck.
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How long does it take to get an answer on these question? Asked 10/08/09, 10:24 pm in United States Florida General Civil Litigation