Legal Question in Civil Rights Law in New York
Slander
A friend of mine was molested and/or raped by a somewhat well-known, influential person in her area. In the shock of the moment what occurred to her was clearly rape. She told some people, and as time went by, and word spread, and it was discovered he actually has a vast history of molestation, his life was piece by piece dismantled, and now he's away from home in fear of his life. Also, as time went by, and she underwent therapy, and the night of the incident became more and more cloudy to her. She presently doubts whether or not he actually raped her, or he had ''just'' molested her. Now she fears she will go to court for having slandered an ''innocent'' person.
1) What's the legal definition of rape vs. molestation?
2) Is her worry valid? Could he press charges against her? Is the exaggerated of a case from molestation to rape considered a terrible thing in the eyes of the legal system?
1 Answer from Attorneys
Re: Slander
It does not seem reasonable to be fearful of a slander action by someone who raped or molested another. I guess rape, which is defined as unconsented vaginal penetration, is more offensive
than molestation which is any kind of physical attack, but the distinction is more technical than substantive in this situation. Call him a molester, that is bad enough.
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