Legal Question in Civil Litigation in Florida

Flyer warning apartment complex of attempted rapist: legal?

I have a friend who was almost raped last night. She escaped unharmed but is still shocked, hurt, disgusted, etc...all of the characteristic feelings. Though we have no legal recourse I have printed up a flyer warning the other residents in his apartment building that he is potentially dangerous. I do no include his last name, only his first and his apartment number. I do not accuse him of anything other than being a ''dangerous attempted rapist''. My question is this: is this considered slander? Is this a legal recourse? I want to shame him, because rape is a legitimate problem and the only way to fix it is to expose the rapists for what they are. The local police do not know whether or not I would be doing anything illegal by distributing these to his neighbors. Please advise me.


Asked on 2/23/01, 1:47 pm

1 Answer from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

Re: Flyer warning apartment complex of attempted rapist: legal?

Distribution of the flyer you described to third parties exposes you to risk of liability for libel, which is the written form of slander.

Slander and libel are the verbal and written species of a civil wrong known as defamation. The law is intended to compensate people for damage to their reputation caused by false statements of fact made to third parties. Statements that someone has committed a crime fall into the category known as "libel per se." This means that damage to reputation is presumed and the plaintiff does not have to prove damages.

Your flier sufficiently identifies the person you are talking about, and it states that this person commited a crime, i.e., attempted rape. If that is a false statement, you could be liable to pay beaucoup damages to this person if he was to take you to court. However, truth is a defense. The problem is will you be able to persuade a jury that what you said is true?

Moreover, from a more practical perspective, you may be risking reprisal from this allegedly dangerous violent person.

You must decide if taking on these risks is outweighed by the benefits you perceive distribution of the flyer will confer.

Good luck!

Read more
Answered on 4/15/01, 8:55 am


Related Questions & Answers

More General Civil Litigation questions and answers in Florida