Can I sue the person who accused me?.
This is among the most common questions we are asked and the one where the honest answer is least welcome. The claim is usually unavailable, and pursuing it early is actively harmful.
Privilege is the first obstacle.
Statements made in the course of a quasi-judicial proceeding - which a campus grievance process frequently is treated as - commonly attract a privilege against defamation liability. That is not a technicality; it is a deliberate policy protecting participation in such proceedings, and it disposes of most claims arising from what was said to an investigator or at a hearing.
Falsity and fault.
Defamation requires a false statement of fact. Two people describing the same encounter differently is a disputed account, not a demonstrable falsehood, and courts do not treat an unsuccessful complaint as evidence of fabrication. Beyond falsity, the applicable fault standard - negligence or actual malice - is demanding, and anti-SLAPP statutes in many states permit early dismissal with fee-shifting against a plaintiff who brought the claim.
Why filing early is worse than not filing.
A civil suit against a complainant during a live grievance process is characterised as retaliation under the regulation, and that charge is documented, timestamped, and frequently sustained when the underlying allegation is not. It also opens the respondent to civil discovery - depositions and document production under oath - at precisely the moment a criminal matter may be pending. It is the clearest example in this practice of a step that feels like fighting back and functions as self-harm.
The narrower remedies.
Where a matter was publicly reported, correction requests, takedown requests, and search de-indexing are available and carry far less risk than litigation. They are pursued after the underlying matters resolve, from a preserved record. If a genuine claim exists at that point, it is still there - and it can be assessed without a live proceeding to lose.
Why you should call us.
If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.
Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
