Legal Question in Civil Rights Law in Virginia

Defamation of character

A neighborhood child (8 y.o.) accused my child of maliciously damaging a neighbor's windshield with rocks. The police were called and my child was questioned at length, including time alone w/ the officer. The accusing child has now recanted his story and says he ''...must have imagined it.'' I want to know what can be done to punish this child -- not only for filing a false police report, but also for defamation of character and slander against my son. What is the fullest extent to which he can be prosecuted?


Asked on 4/27/07, 12:19 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Defamation of character

Forget about punishing an eight year old child who may have imagined things.

Whether other measures might be necessary or appropriate as suggested by the lawyer who has an address in Washington state but a law license(purportedly) from Michigan, and who has taken it upon herself to opine upon Virgina law matters (where apparently she has no license), at this stage of matters, I would doubt it.

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Answered on 4/29/07, 1:04 am
Regina Mullen Legal Data Services, PLC

Re: Defamation of character

Key here is the word "child."

This is something that needs to be taken up with his parents. Something bad happened, your son was traumatized (as were you), but nothing that bad happened that you should wreak holy vengeance upon this child. Take it up with his parents and explain that you really feel the need for dialogue with them and some sort of conciliation [as well as a real apology].

Mediate it, conciliate it: you live in the same neighborhood, the boys will forget about it in a few weeks, and life will go on. You might think about spending more time helping your son, than trying to use the law against the other child.

Were they 17 or 18, I might think differently. One person's opinion.

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Answered on 4/27/07, 12:40 pm


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