I know of a person affiliated with a church and one of its auxilliary
programs in a salaried position.  He/she teaches, counsels, travels and
performs in this capacity.  He/she has an expense account, webpage and
email all affiliated with the name of the auxilliary program.  He/she
has used the program specific email address and web page for personal
correspondence with someone with whom he/she has had a two-year affair
outside of his/her marriage.  Some lengthy areas of the email dialogue
relates to the affair and contains derogatory language and recall of
sexual encounters.  I also know of this person's criminal background. 
I have thoughts of exposing this person to the church authority with
the printed evidence.  I am outside of this church and organization.
Would there be any grounds for this person or his/her lover to sue me
for defamation of character or slander?

Dear Worried, 

Before I start here, let me tell you that advices given on Google
Answers are not - and cannot be - a substitute for professional legal
advice.

As Cynthia-ga has said, anyone can go to court about anything. One can
assume, that in general, if someone has got something to hide (such as
an extramaritial affair, criminal background), they would avoid it -
but in any case, in most legal systems you are the one with the task
to prove that what you said was right. That means that even if you'll
eventually win, you might lose money, time and energy doing so.

Read moer here
Libel
<http://en.wikipedia.org/wiki/Slander_and_libel> 

In addition, I have no idea how you got hold of the email, but this
might get you into trouble. Again, this might change from one
jurisdiction to another, but  reading someone else's private email
could be considered, for example:
1. Like "stealing" his post
2. Like eavesdropping without permission 

This puts you in risk of having to deal with a criminal complaint. 

Email Privacy
<http://en.wikipedia.org/wiki/Email_Privacy> 

In addition, you haven't said, but it is possible that the church
knows about his criminal past or that he is a womaniser - and he's
already forgiven.

My suggestions? 
One possibility is to drop the subject. Another, is to report it
through a lawyer, or another trustworthy representative, anonymously.
A third option is to contact not the church, but the media.

I hope that this answers your question. Please contact me if you need
any clarification on this answer before you rate it.

---

Request for Answer Clarification by worried26-ga on 24 May 2006 09:01 PDT

Thank you to all, especially to politicalguru-ga.  Here are a few more
facts: I came upon the string of emails by chance. I have known of
this affair for almost two yrs.  The person with whom the
church-affiliated person is having the affair is a close acquaintance.
 The emails were open while I was in this person's home office. There
is also a picture of this person half-clothed in my acquaintance's
master bath area. I printed several pages. This person now knows that
I have the information. Does not seem to care that I have it - thinks
the church person "would crucify" me if I expose him/her. I have
begged my acquaintance to stop this affair/dangerous behavior to no
avail. I am morally offended by this behavior and the fact that the
church-affiliated person carries on as a "devout Christian" within a
large association of teens and young adults. Any further comments?

---

Clarification of Answer by politicalguru-ga on 24 May 2006 13:54 PDT

Dear Worried, 

As I've mentioned in my earlier answer, reading someone else's emails
(and printing them out, etc.) is usually considered a violation of
their privacy and even postal theft. The latter is a serious offence
in the US (you haven't said where you are located, but it is an
offence in most other juridictions as well). In other words, you have
obtained your information in a way that might be illegal.

On the other hand, your spritual leader has done something that might
be immoral, but most countries, with the exception of perhaps Iran,
would not see it as their business to intefere in the matter.

In many cases, we see people with love or respect do stupid things. We
beg them to stop. As long as no minors or otherwise feeble minded
people are involved, we are just there to support our friends. You are
totally right to be dismayed; but your friend has told you, in so many
words, that it is none of your business. I offered you a couple of
ways to deal with it indirectly - through the media or through
anonymous letters to his Church, and still I urge you to think deeply
about doing such a thing.

The answer helped me to think through the various reactions that
exposing this situation may cause. I thought that the "ga" after my
user name identifies the state in which I live, and would therefore
allow the researcher to be more specific in reference to laws
pertaining to my/our "jurisdiction".  Very helpful answer, just the
same!

Anyone can file a lawsuit, for any reason, at any time, however, if
what you say is true, although you "may" be sued, you would prevail,
as long as the events you speak of can be proven to be true. If the
allegations are true, there is no slander, or defamation of character.
Keep in mind that right or wrong, you can be sued, and it costs the
same amount of money to defend your statements in a civil court as it
does to defend lies.

Do you have enough money to withstand a lawsuit to prove you are
right? If you are sued and fail to defend --and prove your claim, the
other person is vindicated, in the eyes of those watching. You could
also lose a lot of money by failing to respond to a suit. Judgment by
default.

Prepare, fortify your position, and choose your battle carefully.

Better not to take the risk.

For the reasons given by Cynthia.

Litigation costs hurt both parties and only the lawyers come out with
smiles on their faces.

To add a bit to the information already provided, please bear in mind
that cynthia-ga's explanation holds true IN THE US, but not
necessarily in other countries.  Depending on where worried26-ga
resides, different criteria may apply.

To be guilty of defamation, you, the defendant, have to make a
statement that you claim is a fact (opinions are not defamatory).  The
statment must be about the plaintiff (you can't claim that someone
else was defamed).  The statement must be false. The statment must be
communicated to a third person.  And you must know that the statement
if false when you make it.  There are specific legal terms that
describe the five elements above, but you get the general idea.  (BTW,
this is New Jersey Law).

If you present information in the plaintiff's own words, then I think
it is unlikely that you would be quilty of defamation.  I don't think
a defamation suit would be an appropriate response to your disclosure.
 I think privacy grounds would be a better attack.

But I have one question.  What are you trying to accomplish?  Are you
bothered by the hypocracy of a responsible member of a church
affiliated organization carrying on an extra-marital affair?  What
sort of moral justification to you have to subject this person to
ridicule?

By your response it sounds like you read and printed these Emails
without consent. Quote "This person now knows that I have the
information." So please take note of what politicalguru-ga says. My
personal opinion is stay out of it unless it directly affects you or
someone is in mortal(life threatening) danger.

Didn't Jesus say:  "Let he who is without sin cast the first stone."

worried26,

I can understand your wanting to DO something, anything, at the
injustice of it all, however, it is my belief, and for the most part
this has been my experience in life: behavior like this cannot go
undected forever. As you have seen, accidents happen. Accidents build
up and sooner rather than later, this WILL all blow up in his/her
face. All this will happen with no intervention from you. This is a
virtual certainty.

My advice is to relax, and patiently wait. Don't compromise and sully
your present moments, your daily life. Purge this desire, not by
taking action, but with the clear belief that this person WILL PAY.
God has a special way of handling jerks like this.

Worried - "GA" means Google Answers. It is used by people from around
the world, not just people from Georgia.

Dear Worried26-ga

You really don't have to be shy about giving 5 Stars to a Researcher
when you get a great answer.

Hell ,,, It was only a $10 Question.

What did you expect?

Now, you've got me Worried, too.

My question has been answered. However, I thought it might be
interesting to come back and check for any additional comments. Thank
you, politicalguru-ga, for explaining what "ga" means! To
probonopublico-ga: I rated the answer given on May 24th specifically
with the words "researcher" and "answer" in mind. The answer given
cited specific helpful comments of a non-researcher (cynthia-ga)and a
research site for further reading. Personal comment followed. That is
why on May 24th I rated the ANSWER, not the "researcher", a 3! I have
taken all comments to heart. I have decided to distance myself from
these people.

Dear worried26-ga

Cynthia-ga is also a Researcher!

Unlike us Commenters, they have their names in blue and underlined:
these are hyperlinks to their 'record'.

I am so glad with the decision you have made; and that the various
Researchers were able to help.

PB

I am indeed presumptious!! My apologies to the Researchers, as I was
unaware of the formatting rules which designate researchers from
commentors.  I will read more about the services and guidelines at the
Home page!  Thank you, again, to all who answered and commented for
me. I was in a moral dilemma about this as I care so much for my
friend!