Saturday, 2 March 2013

Abusive Language

Legal Options for Verbal Abuse


Verbal abuse can be tricky to deal with legally. Because of the nature of verbal abuse, stories change, so there is no exact record of who said what. People might also lie after the fact. This makes it difficult to take legal action against someone who is verbally abusive. There are a few options available, but it is important to consult with a lawyer prior to taking legal action.









Statements


  • If there are any witnesses to the verbal abuse, ask them to sign affidavits. These are written statements where the witnesses describe what happened, in their own words. Make sure these statements are signed, and include the witnesses' contact information so that a lawyer can get in touch with them for verification. Signed affidavits are used in a court of law as evidence.

File a Report


  • Whether the verbal abuse is taking place in the home, at work or at a public location, it is important to have written evidence about the abuse. File a report with the human resources department if it is a co-worker inflicting the abuse or with the police if it is outside of work. This report might never be investigated but if the abuse continues you will have written documentation of the abuse and your attempt to solve the issue.

Use a Recorder

  • Although recording someone without his permission may be thrown out as evidence in a court of law, presenting a recording of verbal abuse might still sway the opinion of the district attorney and lawyers involved in the case. Using a recorder while an abuser is yelling or being demeaning will also allow you to accurately transcribe what was said onto paper for documentation.


Personal view

The above article describes that how Abusive language can harm an individuals reputation. The article also describes the legal options available with a person who is the victim. Abusive language can become legally actionable only if it is published i.e. spoken or written in the presence of another person. Thus, when ever u feel that you are the victim of abusive language whether at work, home or at any public location always remember that either record the word of the person or ask any witness to sign affidavits. So, if you have concern regarding someone, share with that person privately instead of sharing with other persons or writing them down for which you could be held liable. Legal actions can only be taken when the message is published. So, one should avoid doing that in order to protect against such action.


Questions
1) Do you feel using abusive language for any individual is fair?
2) What can be the possible ways for avoiding the use of abusive language?

References
Legal Options for Verbal Abuse | eHow.com. (n.d.). eHow | How to Videos, Articles & More - Discover the expert in you. | eHow.com. Retrieved from http://www.ehow.com/info_8466804_legal-options-verbal-abuse.html

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