Can I Be Held Liable for Defamation of Character?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My question is pertaining to Ohio slander/libel law. My husband committed adultery. I am considering writing a letter to the other woman’s parents, informing them of the drug, alcohol abuse, and sexual relations she had with a man she knew was married with children. Can I be charged with breaking any law or sued if the content of the letter contains truthful information?

A true statement cannot be defamatory. Truth is a valid defense against a claim of defamation. Under most state laws, if a person tells the truth, he/she will not be held liable for defamation. You should check with a local personal injury or constitutional law attorney for legal advice and guidance regarding your question. The attorney can provide you with information regarding affirmative defenses to slander/libel under Ohio State law.