How can I prove defamation of character in a sexual harassment case

 Defamation of character can occur when:

A statement made with malice

  OR

A statement is made as a result of inadequate investigation

 

You can prove defamation on your word alone, but it is always better to have some confirming evidence.  The evidence can be a letter, a memo, an e-mail or statements from fellow employees which confirm the defamatory remarks made about you. You can testify in court as to statements made by others about you. 


It is not necessary to prove damages in a defamation case. Damages are assumed. Nevertheless, it will be easier if you have had to visit a doctor or other medical specialist. 

Defamatory comments do not have to be stated (this is described as being "published") to someone outside the company. Internal memorandums, notes on your personnel file or comments that falsely attack you can be defamatory. If another employee heard or read the comment then the defamatory statement has been "published" sufficiently to support a charge of defamation.