Legal Question in Civil Litigation in Virginia

Re: Defamation of Character

Make sure the police know it was false. They may follow up and that might stop it.

If its done a lot of damage already you may want to file an action to get an injunction against them and collect money damages.

James E. McKinnon

McKinnon & Sisk, PLC

804-648-0097 (direct line)

804-648-0096 (fax)

804-648-0095 (main firm line)

www.mckinnonsisk.com

[email protected]

Re: Defamation of Character

Wow. Well first I am sorry you are down there far from D.C., or I would strongly recommend the church engaging me to help with this. I think the church should hire an attorney and I am inexpensive by holding down office overhead.

First, I think that these charges require the church to fully investigate, and not just back-of-the-envelope but carefully enough to document exactly what the truth is. Once such things are raised, I believe the church leadership has an obligation to its members to be absolutely clear about the real situation.

Secondly, however, assuming it is clear that the charges are false, several things occur to me:

It is a crime to make a false police report. Here, it is a little unclear because if the people had reason to BELIEVE it was true, that might not be a crime. (Usually a false report means saying that something happened when it didn't, which causes the police to have to conduct an investigation. However, if they had information that made them honestly believe there had been a crime, they might be in the clear.)

As a result, part of making them stop should probably include providing them with the evidence/report showing that their charges are false. This might cause them to drop the whole thing. However, if they persist, after seeing conclusive evidence that their charges are false, then they are really in trouble.

You mention this as defamation. Technically, a report to the police or action in court cannot be defamation. However, if they say anything publicly outside of official channels, then of course they can be sued for defamation. BUT WATCH OUT: It must be done with ONE (1) YEAR.

Finally, there is a lawsuit called malicious prosecution. However, it is very narrow and technical and usually almost impossible to win. If things get out of hand, it is something to consider.