Full question:
My case is complicated as I'm sure many are. I am in a divorce preceding and am currently separated from my wife. I am staying at the house and she had chose to leave and move into a condo in our same town. She had, when we were married installed a program on our computer to track the usage of her son...so she claims. She used this program to track my usage on the computer and when I contacted a family member she used the results of that e-mail as a basis for our divorce. This issue however is not the problem. I've been living alone for several weeks and was very distraught over my separation and the previous loss of my parents and now wife. I had a dream that was very inflammatory towards her young daughter. I was so upset I sat and wrote the dream down in _MicroSoft Word_, I was also so angry about our separation I also added to the writings. Long story short, I was very disturbed about my feelings, the dream and how I was handling it, I immediately deleted the writing. The problem now was that I wasn't aware she still had the program on my computer and was remotely tracking my every key stroke. That is how it still came to light even though I deleted the writing with no intent to preserve it in any way. Now she is using this document to defame my character and me to her friends and family and using it as leverage to gain an extra advantage with our divorce proceedings, is there anything I can legally do about this?
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Texas
Answer:
Defamation, including slander, involves making false statements that harm someone's reputation. For a statement to be considered defamation, it must be false and communicated to others. The elements of a slander claim include:
- A defamatory statement.
- Publication to third parties.
- The speaker knew or should have known the statement was false.
- Injury to the plaintiff as a result.
Unlike libel, damages for slander usually need to be proven unless the statement is defamatory per se, which includes accusations of criminal activity, claims of a loathsome disease, or suggestions of sexual impropriety. Proving defamation can be challenging, as the court will consider the defendant's investigation into the truth of the statement.
Regarding the unauthorized tracking of your computer activity, there are laws against such actions. The common-law tort of invasion of privacy may apply if someone intrudes into your private affairs in a way that a reasonable person would find highly offensive. In Texas, for example, unauthorized access to electronic communications is a criminal offense (Tex. Penal Code § 16.04). If your wife accessed your computer without your consent, this may provide grounds for legal action.
It’s advisable to consult with a legal professional to explore your options regarding both defamation and potential invasion of privacy claims.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.