Well, at least you can sue for defamation the two lawyers and the woman who made the false charges. No, you can’t, your lawyer tells you. They leveled the accusation in a court document, which protects them against the defamation lawsuit as a result of the so-called litigation privilege.
How did the accusation get from a court filing in an obscure courthouse in Florida to the first page of many newspapers and the first item on many television broadcasts? Obviously, it was leaked; who is going to be checking court filings the day before New Year’s Eve? But the mere leak of a publicly filed court document cannot lead to a legal claim, your lawyer tells you.
You can’t just let the false story spread without responding. Moreover, you have documentary proof that you could not have been in the places and at the time Jane Doe #3 said she had sex with you. Can you at least respond in the media? Not without some risk of being sued for defamation, your lawyer tells you.
You have no choice but to take that risk, so you make your denials and counteraccusations on live television. You challenge the two lawyers who filed the court document to repeat the false charges in the media, so you can sue them. They remain silent. You challenge the woman, now 31-years-old, to bring rape charges against you and you offer to waive any statute of limitations, because the filing of a false rape charge is itself a serious crime—though it is rarely prosecuted. She doesn’t accept your challenge.
And then, sure enough, the lawyers who made the false accusation— Bradley Edwards and Paul Cassell —sue you for defaming them—though they claim you can’t sue them for falsely accusing you of a crime.
Welcome to the Kafkaesque world of American justice. But Kafka was writing fiction when he described the ordeal faced by Josef K in his famous novel, “The Trial.” What I have described is real. It is happening to me right now. And if it can happen to me, it can happen to anyone.
I now stand accused of crimes I did not commit, by an unnamed woman who I don’t know and never met. I am also being sued for defaming my accusers. I still have no opportunity to respond in court to the false charges, though I am now seeking to intervene in the lawsuit in which the accusation was filed. I have submitted a sworn statement denying the accusations with great specificity. The court has not yet decided whether to accept my motion.
This will not end well.