Chicago Business Litigation Lawyer Blog
Overview
Few things are more devastating than being falsely accused of abusing a family member or former partner. We have represented libel clients on both sides of these disputes as plaintiffs or defendants. Often, the accusations did not go to law enforcement; instead, they spread through social media or phone calls, texts, and conversations among relatives, friends and community members. The results are a reputational firestorm and give rise to profound personal crisis.
How We Frame the Case Legally
Under Illinois law, statements that falsely accuse someone of serious sexual crimes are classic defamation per se: the law presumes damage because the accusation itself is so serious. In the cases we have litigated, we have pled or defended defamation per se, defamation per quod, and false-light invasion of privacy claims, along with a requests for injunctive relief to stop the ongoing smear campaign.
Illinois courts recognize that accusing someone of a felony, particularly a sexual felony, is inherently reputation-destroying. One leading decision, reported at 174 Ill.2d 77 (1996), confirms that imputing the commission of a crime fits squarely within the traditional categories of defamation per se. We rely on that framework to seek both compensatory and punitive damages when the facts support it.
Exposing a Pattern of Fabrication
In defending or prosecuting libel claims we often work with private investigators and obtain witness statements, we developed evidence that the plaintiff is in fact a sexual predator or the accuser has a history of storytelling and retaliating with lies and smears.
By the time we file suit, we try to be well prepared which is critical to properly preparing case and then persuading a court or jury that the accusation is false and malicious, not simply a misunderstanding or poor wording or that our client was telling the truth about a former lover, friend or relative.
Damages Beyond Dollars
In cases like this, the harm is not limited to economic losses. We are experienced in defending or briing claims for emotional distress and have objected substantial stress damages awards for plaintiff clients.
What Makes Our Approach Different
Cases involving intra-family or fallen out lover allegations of sexual misconduct require a blend of compassion and toughness. We spend extensive time preparing our clients for the emotional realities of litigation while aggressively pursuing discovery that can test the truthfulness of the allegations.
Our litigation strategy in these matters typically includes:
- Targeted written discovery that forces the accuser to lock into specific dates, locations, and alleged acts.
- Subpoenas to therapists and treatment providers, where appropriate and lawful, to see whether the therapy narrative matches what is being said to the family or ex-friend or lover.
- Investigative work to uncover prior instances where the accuser made other serious accusations or fabricated crises or engaged in similar misconduct.
- Motions for injunctive relief to stop further publication of the false accusations while the case is pending.
Because we also regularly litigate internet and social-media defamation, we are adept at tracking down who said what, where, and when—even when the smear campaign plays out primarily in group chats, private messages, and closed online communities.
Contact Us
If someone in your own family or someone close to you is accusing you of an unthinkable act and spreading that story to others, you do not have to suffer in silence or hope it will simply blow over. Nor do you have to worry about coming up with a plan to defend a libel suit. Contact DiTommaso Lubin at 630-333-0333 for a confidential, no-cost consultation or contact us online. We can walk you through your options, evaluate whether you have a viable defamation or false-light claim, and help you decide how best to protect both your reputation and your relationships.