Q: Hi, If I set up a facebook page about my son's sexual abuse in private school can they sue me if I mention their name?
My son passed away 3 years ago at the age of 27. After he passed, two separate friends revealed that he confided with them that he was raped by a teacher in 8th grade in a NYC private school. We notified the school and the NYPD. The school hired an investigative firm which we cooperated with . We have very credible circumstantial evidence that this happened. Texts and other clues. The school says now that they cannot share the report with us because they do not have a written report. We are doing our own investigation and want to set up a facebook page to see if anyone can share information on this school or teacher. My question is whether we can be sued by the school for mentioning their name.
A:
I'm very sorry for the loss of your son, and for his ordeal. Unfortunately, without knowing more, it's possible you could be sued - what you describe as strong circumstantial evidence could be a subjective characterization. Circumstantial evidence could be compelling and credible, as you say, but it may not carry possess the defensibility attributes of something like a court decision, judgement, conviction, or formal written report.
This is not really a Small Claims Court matter, but that isn't important. There are attorneys who practice in this area. It may be best to reach out to one of those law firms to try to arrange a free initial consult to discuss. They would be able to advise more meaningfully here. Good luck
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