Slander is a type of defamation (a false statement which causes damage to a person’s reputation, giving rise to a legal claim) which is spoken, as opposed to written or recorded. Because spoken statements are more transitory than written or recorded statements, and generally (though not always) reach a smaller audience, the victim usually has to prove that some specific harm resulted from the statements. This is different from libel, where harm is presumed in many cases.
There are exceptions, however. There are a few types of statements that are, by their nature, presumed to damage a person’s reputation. This is called “slander per se”. These classes of statements are considered so harmful to a person’s reputation, that monetary damages are presumed. In such cases, the victim of the slander does not need to prove specific damages, just that the statements were made. There are 4 types of statements that constitute slander per se:
1. A statement that a person has committed a major crime
2. Statements that a person has a “loathsome disease”. This could include any disease which is serious and highly contagious. Modernly, it would probably also include sexually transmitted diseases.
3. A statement that a person is incompetent at their business or profession. This might include a statement that a soldier is cowardly, or that a lawyer is illiterate.
4. Statements of serious sexual misconduct. A public statement that someone engages in sexual behaviors that are generally considered perverse would fall into this category. It would probably vary between communities, based on their moral standards. A clear example that would apply in virtually any community is a statement that someone is a pedophile.
In a lawsuit for slander per se, all a plaintiff needs to prove is that the statements were made, and not that he or she suffered direct harm as a result. The statements themselves are considered to be the harm.
About the Author:
Ken LaMance is Corporate Counsel for LegalMatch.com – the easiest way to Find an Attorney Online. Ken is a well respected San Francisco Lawyer who has worn many hats at LegalMatch – from court litigator to project manager. He has been instrumental in creating LegalMatch’s Law Library, as well as expanding their online attorney search platform to hundreds of cities. LegalMatch is the nations leading online matching service for clients looking for representation in everything from Child Support to Personal Injury.
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