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Woman who raped student sues him for “defamation”

23 Jul

Toy Soldiers

It is rare that any case of women sexually abusing boys leaves me at a loss for words. I have read about the most ridiculous situations, from women claiming the boys raped them to women suing their victims for child support. However, the most recent case left me stunned.

A woman convicted of sexually abusing one of her 16-year-old students filed a lawsuit against the boy for “defamation”:

The former Arroyo Grande High School teacher convicted earlier this year of having sex with a 16-year-old student has responded to a lawsuit from that student’s family by filing a counterclaim, alleging the victim has defamed her “to various classmates, family and other members of the community.”

I will quote it again just in case the multiple face palms prevented you from reading it in full:

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4 Comments

Posted by on July 23, 2017 in Uncategorized

 

4 responses to “Woman who raped student sues him for “defamation”

  1. thedeti

    July 24, 2017 at 1:40 pm

    Well let me put the lawyer hat on…. Ahem.

    Defamation requires that the “Defamer” (the molested student) made a false written or oral statement about the “defamee” (the teacher) that actually caused damage to the defamee.

    There is no statement in the reports about what the student is alleged to have said that was defamatory. I can only assume the “defamation” was a report to the school that he and the teacher had sex.

    Truth is a defense to defamation. If the thing you said is substantially true, it’s not defamatory. It’s all going to depend on the evidence and how it’s treated, really. For example, if the student said “the teacher had sex with me”, and that is shown to be true (and it is, according to the plea bargain), then it’s not defamatory. Most courts say an admission in a plea bargain is at least rebuttable evidence that the matters in the plea are true and did happen. some courts say it’s conclusive and can’t be rebutted. So if it’s substantially true, it’s not defamation.

    But if the student said “the teacher gave me AIDS and also has sex with animals” and those things aren’t true, then that satisfies the test and would be defamatory.

     
    • Will S.

      July 24, 2017 at 5:19 pm

      I hope he’s telling the truth, then, and I hope that’s enough to exonerate him, as it should be.

       

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