Legal Question in Criminal Law in West Virginia
The repurcussions of a False Claim of Second degree Sexual Asssault
The question is as follows: If a woman files a claim of 2nd degree sexual assault, And the defendent is later found innocent or is aquitted in a court of law. May the Defendent then sue for damages to his name under "defamation of character" or "Slander" charges? If not under these particular headings is it possible to sue through any other means?
1 Answer from Attorneys
The repurcussions of a False Claim of Second degree Sexual
I'm not licensed in West Virginia, so it is possible West Virginia law might be somewhat different from the law in other states, and certainly if the person who was accused wants to file suit he needs to get a local attorney, BUT the general rule is that in a criminal case where the defendant is found not guilty, he can file suit for malicious prosecution if a private individual brought the charges.To win the suit for malicious prosecution you would have to show that it is more likely than not that you did not committ the crime you were charged with.The suit is not for slander or defamation, those are separate legal causes of action.
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