The plaintiff sued family members for defamation arising from oral and written accusations that he had sexually abused two nieces as children, and the defendants counterclaimed in sexual battery and intentional infliction of mental suffering.
After a lengthy trial with expert evidence on trauma, memory, delayed reporting, recantation, and false memory, the court held that the abuse allegations were not proven on a balance of probabilities and dismissed the counterclaim.
The court found the impugned accusations plainly defamatory, rejected justification, and held that the broad dissemination of the allegations to extended family and others did not fall within qualified privilege.
The court further held that the statement warning that others might also be sexually abused was unsupported and malicious.
Judgment was granted to the plaintiff with $125,000 in general damages and costs.
