One attorney has opined that what is alleged was “criminal sexual assault”, not “sexual harassment”, and thus has accused Mr. Cain of a felony. This opens the door for him, like anyone who is falsely accused of a crime, to file a civil suit for defamation, i.e. damage to his reputation.
I don’t think he will go that way, but....
This opens the door for him, like anyone who is falsely accused of a crime, to file a civil suit for defamation, i.e. damage to his reputation.
I don’t think he will go that way, but....
I mentioned that last night on some threads and it might be the best way to put an end to these types of gold diggers. jmo
A lawyer opining that what was alleged is "criminal sexual assault" is not defamation. Merely saying that if Cain did what this woman says he did, then it was a felony is not saying that Cain did what he was accused of doing.
With regards to the underlying allegations, as a public figure, it would be very difficult for Cain to bring a successful defamation claim. He would have to prove that this woman made these allegations knowing that they are false. Without some piece of damning evidence (e.g., a current admission that she was lying), it would be nearly impossible for Cain to prove the falsity of a story that allegedly occurred 15 years ago.