Speaking out about abuse

LittleOakTree

Hi there, I wanted to ask if there are any legal worries to be aware of if I want to speak out online about an experience of an abusive relationship.

I have been reading about defamation laws and understand that I can’t make any claims about someone that are not true. I don’t intend to do anything of the sort.

I intend to make a social media post at the end of this year and want to write about myself and my experience. I don’t intend to directly name, refer to, or talk about my ex partner. I don’t intend to identify them at all. The post will be about me and what I have learned, how it affected me and pointing to resources and education for anyone else who may be going through a similar experience.

It is possible that people may identify my ex from my post purely because they will have known that we broke up this year and some old friends will already know that my ex has a difficult past.

One or two of their colleagues follow me on social media, although this happened after we broke up so I have no idea if they know of my connection to my ex. The kind of workplace they are in may take it seriously if they come to learn that my ex has a history of abusing partners. Without going into detail, the ethos of the company is one that is protective of people who suffer abuse and I dont think they’d take kindly to the fact that they have an abuser working for them. I do not intend or hope at all that my speaking up would affect their job and I hope to write in a way that does not identify my ex to their employers, but it is something that I need to be aware of.

I have chat histories with my ex, emails from them and even a hand written letter where they admit to being abusive to me. They have also given me permission in the past to speak to whom ever I wish, I believe I have that recorded in a chat history somewhere. I’m not sure if these things would count as proof of my claims if my ex did decide to try and take a legal route against my speaking out or if it affected their job.

If anyone has advice I would appreciate it. If it’s better not to speak about my experience I won’t make a post at all. The drive to speak out has been with me for a long time, even moreso with all the revelations of abuse that our society has seen this year. I didn’t experience domestic violence, but emotional and psychological abuse that affected me badly. I am in therapy working through it all and am slowly getting better. I hate having to be silent and fearful about what I experienced and want to write an end of year reflection on what I’ve learned. I don’t intend a bit dramatic post, but instead to open a discussion about the kinds of abuse we don’t hear about often.

Maybe this is a really bad idea and I will continue to mull it over, but I’d appreciate it if anyone can warn me about the legal dangers that I need to be aware of.

lifeandtimes

Well if you keep it anonymous then there really isn't a problem. Any connection someone makes is their own doing and not because you stated a fact.

However if you create this blog and make statements that can directly be connected to their person like work place, family etc, enough that can identify this person without naming them and if they do get adversely affected like losing their job or suffer financial loses as a result, they may take a case against you as would be standard in libel situations but the onus would be on them to prove it as false and if it's all true you wouldn't have anything to worry about.

So going by what you've read and as long as you don't link this person directly or with enough personal information you should be fine

FishOnABike

You don't want to create a problem for yourself. Get some proper legal advice and think about it before acting.

"The Defamation Act came into operation on 1st January 2010, the purpose of which was to revise the law on defamation and repeal the Defamation Act of 1961. The Act has now shifted the burden of proof from the plaintiff to the defendant to prove the truth of a defamatory statement."

This blog
https://wendydoylesolicitors.wordpress.com/2013/08/14/defamation-act-2009-and-defences/
might give you some food for thought.

28064212

LittleOakTree wrote: »

I have been reading about defamation laws and understand that I can’t make any claims about someone that are not true.

A common misinterpretation. To defend a defamation claim on the grounds of truth, you must be able to prove in court that the statement is true. That's not the same thing as a statement just being true. The burden of proof is on you, it's not on the plantiff to prove that a statement is false.

Source: http://www.irishstatutebook.ie/eli/2009/act/31/section/16/enacted/en/html

You need proper legal advice if you're going down this road

LittleOakTree

Thanks for the advice so far, it seems like getting some legal advice is the wisest route.

I understand that the burden of proof would be on me, if I was to be accused of defamation. I understand also that my ex does not have to be directly identified in my post in order for it to be defamation.

In terms of proof I have lots of online conversations with my ex, I have emails from my ex and a handwritten letter from my ex, in all of which they admit to abusing me and being abusive to me and other ex partners.

I don’t know if this would be acceptable proof in court, and I imagine that proper legal advice will help me determine that.

lifeandtimes

LittleOakTree wrote: »

Thanks for the advice so far, it seems like getting some legal advice is the wisest route.

I understand that the burden of proof would be on me, if I was to be accused of defamation. I understand also that my ex does not have to be directly identified in my post in order for it to be defamation.

In terms of proof I have lots of online conversations with my ex, I have emails from my ex and a handwritten letter from my ex, in all of which they admit to abusing me and being abusive to me and other ex partners.

I don’t know if this would be acceptable proof in court, and I imagine that proper legal advice will help me determine that.

Think of it this way

Would you now of your own accord go and report this abusive relationship to the guards and then follow through with a court case for conviction?

If not then maybe rethink how the blog will be written because as said the burdon will be on you to prove the statements are true and if your ex takes a case against you that's the route you will go down.

If you are happy too then maybe go to the police first and after that is all said and done if he gets convicted write your blog then as it usually in the public domain by then and there will be nothing he can do about it

But I don't see any harm in writing the blog and having a legal professional read over it to help keep you out of any trouble thay may arise

nuac

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Sorry, you may not get legal advice on this forum
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