Is there any recourse? (Full Version)

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GodlessJezebel -> Is there any recourse? (1/22/2009 3:43:55 PM)

I've been approached by a Dom claiming to have someone in service to him but would like to transfer ownership to me.  Unbeknownst to him, the person he's referring to is a dear friend of mine (who doesn't even have a profile here.)  The Dom who contacted me has basically been pulling this crap over the last year, ever since my friend shot him down originally.  He's offered to give out personal info such as IM name & phone number.

Has anyone experienced this and if so, what was the course of action taken?

Miss Arlene



CalifChick -> RE: Is there any recourse? (1/22/2009 3:45:51 PM)

She can get a restraining order against him.  Not much else.


Cali



feydeplume -> RE: Is there any recourse? (1/22/2009 3:49:15 PM)

Do you have his information? I am not suggesting that you do anything illegal or anything, but if you do have his info ....

depending on the state, trying to get him for libel and/or slander in a civil case might be more feasible as not all states have good Stalker laws.



CalifChick -> RE: Is there any recourse? (1/22/2009 3:50:30 PM)

Libel? Slander?  You're joking, right?



Cali



feydeplume -> RE: Is there any recourse? (1/22/2009 3:55:30 PM)

it depends if the jerk is willing to stand up in a court of law a give proof that the person in question REALLY did do X Y and Z. the cost of defending himself, getting a lawyer and the court paperwork and stuff, could be more effective than a mean letter from a lawyer telling him to Cease and Desist or a statement that he can only get within so many feet of the person in question.

Hitting the pocketbook/wallet sometimes works better than the threat of community service.

PS this does not constitute legal advice and i am not a lawyer (smirk) 



SoulPiercer -> RE: Is there any recourse? (1/22/2009 3:56:29 PM)

Take him up on his offer. Once you have ownership transferred, command him to leave your friend alone.



CatdeMedici -> RE: Is there any recourse? (1/22/2009 3:56:50 PM)

(A) IMHO he isn't a Dom
 
(B)tell him to go fuck himself or wait as stella says--go juggle his balls
 
( C) I bet he doesnt even know said sub.
 
 



AquaticSub -> RE: Is there any recourse? (1/22/2009 3:59:10 PM)

~Fast Reply~

Have your friend change her phone number and IM name so that the information he's giving out is bunk. Unless you want to attempt legal action, that's really it.



SoulPiercer -> RE: Is there any recourse? (1/22/2009 4:00:16 PM)

quote:

ORIGINAL: feydeplume

it depends if the jerk is willing to stand up in a court of law a give proof that the person in question REALLY did do X Y and Z. the cost of defending himself, getting a lawyer and the court paperwork and stuff, could be more effective than a mean letter from a lawyer telling him to Cease and Desist or a statement that he can only get within so many feet of the person in question.

Hitting the pocketbook/wallet sometimes works better than the threat of community service.

PS this does not constitute legal advice and i am not a lawyer (smirk) 


I think Cali's question (mine too) is exactly what is so libelous or slanderous about a cyber dom offering to transfer "ownership" of someone he doesn't own to another person?



masterforRT -> RE: Is there any recourse? (1/22/2009 4:01:50 PM)

First off, how did he GET the IM and phone number? She probably GAVE it to him! How does this justify suing for slander or getting a restraining order or anything else? It doesn't.
What she should do is change her IM address and phone number and then get on with her life! Why do you all make something SO SIMPLE incredibly complicated?

[Mod Note:  flaming removed]



CalifChick -> RE: Is there any recourse? (1/22/2009 4:02:31 PM)

quote:

ORIGINAL: feydeplume

it depends if the jerk is willing to stand up in a court of law a give proof that the person in question REALLY did do X Y and Z..


What I meant by "are you joking" was, do you really think that offering to give someone away, and even, gasp, using their name and phone number constitutes libel and/or slander???

Stand up in court?  The person bringing the charges has to present evidence against the other person, showing they did something illegal.  So that person stands up, says "he is giving out my name and number", the judge says, "so??", and the case is dismissed.

quote:


PS this does not constitute legal advice and i am not a lawyer (smirk) 


Well that explains it.

Cali



AquaticSub -> RE: Is there any recourse? (1/22/2009 4:03:15 PM)

quote:

ORIGINAL: SoulPiercer

I think Cali's question (mine too) is exactly what is so libelous or slanderous about a cyber dom offering to transfer "ownership" of someone he doesn't own to another person?


I guess if you consider people saying that you are part of the lifestyle libel or slander than it might apply, but (my understanding) is that libel and slander is only when what people say about you that isn't true. Can't you get in trouble for trying to press libel or slander charges when what they are saying is true?

<---- Not a lawyer



Lockit -> RE: Is there any recourse? (1/22/2009 4:03:27 PM)

Oh hell they did is so you would get pissed off and you would call everyone names.  duh!



AquaticSub -> RE: Is there any recourse? (1/22/2009 4:04:36 PM)

quote:

ORIGINAL: masterforRT

First off, how did he GET the IM and phone number? She probably GAVE it to him! How does this justify suing for slander or getting a restraining order or anything else? It doesn't.
What she should do is change her IM address and phone number and then get on with her life! Why do you all make something SO SIMPLE incredibly complicated?


One person suggested it and others have been questioning it. Speaking as though droves of people have been suggesting it reflects badly on yourself.

[Mod Note:  quoted flame removed]



marie2 -> RE: Is there any recourse? (1/22/2009 4:05:26 PM)

quote:

ORIGINAL: GodlessJezebel

I've been approached by a Dom claiming to have someone in service to him but would like to transfer ownership to me.  Unbeknownst to him, the person he's referring to is a dear friend of mine (who doesn't even have a profile here.)  The Dom who contacted me has basically been pulling this crap over the last year, ever since my friend shot him down originally.  He's offered to give out personal info such as IM name & phone number.

Has anyone experienced this and if so, what was the course of action taken?

Miss Arlene



He's "offered" to give the personal info, but hasn't actually done it?  If he hasn't given you the info, how can you be sure that it's even your friend that he's refering to? 

ETA:  If he's been pulling this crap for over a year, and still hasn't actually given you the info, he probably isn't going to.  Why haven't you both blocked him and simply moved on.  Why entertain him at all?  It almost looks like you want a problem.



Lockit -> RE: Is there any recourse? (1/22/2009 4:08:22 PM)

He may know that you are her friend from message boards or something somewhere... and he is just trying to do a mind fuck on you both.  If he has done it for a year... he is just trying to get to you all, seeing as though no one has bought such information and claimed her. 

You iggy him...



feydeplume -> RE: Is there any recourse? (1/22/2009 4:13:10 PM)

I wasnt talking about criminal law as such, but civil law where you can sue about almost anything and the burden of proof is often on the defendant. But a friend of mine had a (sort of) similar thing, where a man was running around showing a phone pix of her and telling people she was this and that. She got a lawyer to write a cease and desist letter with the threat of a civil case for defamation of character (in this case that person x would have anything to do with the dom) and slander and libel (because the defendant would have to prove that person x REALLY did things, like pictures and stuff).  In some states person x might be able to get the letter for free from a kink friendly lawyer or at a reduced rate.

I am not even suggesting that it wouldnt get thrown right out of a court, but then the wanna dom would have had to spend alot of money for it to even get to court to try to defend himself and might think twice about continueing to be a jerk. 

And about the "i am not a lawyer" stuff. According to my lawyer, it is best to add that so no one sues you for practicing law without credentials and hey, advice like that is what we pay her for.

Best wishes to you and your friend. I hope you find a way to silence the jerk soon.



RedMagic1 -> RE: Is there any recourse? (1/22/2009 4:14:43 PM)

quote:

ORIGINAL: feydeplume
PS this does not constitute legal advice and i am not a lawyer (smirk) 

Lawyers do post here, as do paralegals, medical professionals, and others.  Say dumb crap and you'll get called on it.  I enjoy reading your non-dumb posts and hope you post non-dumb more often.



AquaticSub -> RE: Is there any recourse? (1/22/2009 4:19:22 PM)

quote:

ORIGINAL: feydeplume

I am not even suggesting that it wouldnt get thrown right out of a court, but then the wanna dom would have had to spend alot of money for it to even get to court to try to defend himself and might think twice about continueing to be a jerk. 



Why would you want to start a case that you knew would be thrown out of court? That just ties up the court system and could backfire if it's possible to sue for slander because person A is saying the person B is telling lies when they aren't.



CalifChick -> RE: Is there any recourse? (1/22/2009 4:20:37 PM)

quote:

ORIGINAL: feydeplume

I wasnt talking about criminal law as such, but civil law where you can sue about almost anything and the burden of proof is often on the defendant.


Seriously.  Seriously?  You understand the whole "innocent until..." thing?

quote:

I am not even suggesting that it wouldnt get thrown right out of a court, but then the wanna dom would have had to spend alot of money for it to even get to court to try to defend himself and might think twice about continueing to be a jerk. 


In many places, it costs exactly... ZERO... to go to civil court and defend yourself when you've been sued. 

quote:

And about the "i am not a lawyer" stuff. According to my lawyer, it is best to add that so no one sues you for practicing law


Yeah, the law stuff should be left to your lawyer.

And to the OP... the reason I said "restraining order" was that he could stalk her if she just changed her number.  I was thinking he had more info on her, but you did not specifically state that.


Cali



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