What is a false accusation?

Answer 1

A false allegation is any stated or expressed statement that does not have a reasonable basis in fact.

An example would be:

Sally has been going around school telling everyone that James raped her. James is latter arrested based on a 9-1-1 call reporting what was told. It's later found out that Sally had made the story up after James broke up with her. This would constitute false allegations and could potentially result in criminal/civil penalties.

Another example would be:

Kerry is a mother of two children who works part time at a local flower shop. One day she comes into work and her boss calls her into her office. The boss informs Kerry that her drawer was $50 short and her co-worker Sandra witnessed her stealing $50 from the register. As a result, Kerry is terminated from her position. The boss later reviews the security camera from that night and realizes that Sandra in fact stole the money while Kerry was on break. This also constitutes false allegations.

Answer 2

A false accusation is when you are accused of what you didn't do. It can be in a civil or criminal context depending on the situation.

If you are accused of a crime to the police or the court, it would be a criminal matter, and you would need to prove your innocence to avoid a fine, a criminal record, or prison time. It may be possible to bring criminal charges against the person bringing the accusation as well if it can be proven that they filed false charges to the police/prosecutors or perjured themselves on the stand in court.

If you are accused before other people of something you didn't do, whether a crime or not, that is defamation, and covered under civil law. Defamation is divided into slander and libel, though that is not considered important these days. Though the lines are blurry these days, slander is generally spoken defamation and libel is usually in print or a part of mass media. If you can prove that someone made false statements and that they harmed you, then you have a chance of winning a defamation suit.

If you are accused of defamation, proving what you said was true is one absolute defense. Those suing over defamation have to have a reputation to lose. If you are a serial rapist and try to sue someone for calling you a murderer, the case might get thrown out since murderers are respected above serial rapists.

In defamation, the side which bears the burden of proof varies depending on the type of defamation. In most cases, the proof falls on the plaintiff. They would have to prove what makes the statement defamatory. However, there are several types of slander where it falls on the defendant to prove their innocence. That would include an accusation of incompetence on a job, having a very bad disease, having committed a crime, or serious immoral conduct. In those circumstance, the defendant must prove what they said was true (or that they didn't say it at all) or lose the case.

The culture also plays a factor in this. In the past, calling someone an atheist, an adulterer, or gay would have fallen under making a false statement related to gross immorality, and the plaintiff would only have to prove it was said, not that it was defamation. People faced violence and job loss over such statements. Nowadays, the burden would probably fall on the plaintiff since the harm is not as obvious from such accusations these days. Atheism, gayness, and adultery are commonplace and even accepted now. Calling a failing artist gay when they are not might actually increase their album sales. Calling a politician an atheist when they are not might actually help get them elected, either because the voters see it for the smear campaign that it is, or they prefer atheists in public office.

Answer 3

Yes. You should discuss the situation with an attorney if you think you suffered any damages resulting from the false accusation. You could also sue in small claims court if the damages come under the small claims limit in your jurisdiction.

Answer 4

A knowing lie about someone or something that is meant to do damage to them.