[Angelino97]

I was referring to her identifying the woman.

But also, in defamation law, just because you couch an accusation in the form of a question or opinion doesn't mean it's not defamation.

If a reasonable listener is likely to take your question or opinion as a "statement of fact," then it's defamation (if it's also false and defamatory).

Whether a question or opinion is really a false "statement of fact" is for the jury to decide.

You don't get off by saying, "In my opinion, Joe Smith met the child Mary at the playground at 3:13 p.m., which I can see from my window, and raped her with a butter knife. But hey, that's just my opinion." Wink, wink.

That's so specific, a jury will regard that as a "statement of fact," so it better be true.

You also don't get off just by throwing up a question mark.

[fr_freak]

You don't get off by saying, "In my opinion, Joe Smith met the child Mary at the playground at 3:13 p.m., which I can see from my window, and raped her with a butter knife. But hey, that's just my opinion." Wink, wink.

I'm not a lawyer, but "Did she hit him on purpose?" is a far cry from your example and seems to me wouldn't meet any reasonable definition of an accusation. Loomer's only vulnerability would be if she misidentified who did the hitting, but it's on video, so...

[4Runner]

You also don't get off just by throwing up a question mark.

That must hurt like hell. Does the "dot" come up, too?