# Could a person sue a child for making up a false sexual predator accusation against them? **URL:** \ **Category:** Factual Questions\ **Created:** [October 31, 2010, 7:05pm UTC](https://boards.straightdope.com/t/could-a-person-sue-a-child-for-making-up-a-false-sexual-predator-accusation-against-them/558994 "2010-10-31T19:05:29Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [October 31, 2010, 7:05pm UTC](https://boards.straightdope.com/t/could-a-person-sue-a-child-for-making-up-a-false-sexual-predator-accusation-against-them/558994/1 "2010-10-31T19:05:29Z")
Per this story could the man accused sue the child and (realistically) get damages? He is suing the County, but I’m wondering why he is not suing the boy as well? [Video here](http://www.koinlocal6.com/news/local/story/Boy-cries-wolf-man-wrongly-accused-of-child-luring/hxZqfawNrkWY96JvV4rTWQ.cspx) [Article here](http://tdn.com/news/article_96c57a65-a75a-5163-b822-f820ffc94d5b.html) > [@](#): > > VANCOUVER, Wash. — All Steve King wanted was an apology. > > And yet King, 61, said he has not received so much as an acknowledgement of the damage an 11-year-old boy’s allegations six months ago had on his life. > > King, who works for Clark County’s Department of Community Services, filed a lawsuit last week against the county, alleging malicious prosecution and defamation. > > The suit follows felony charges that were filed in May against King that allege he tried to lure the boy into his car on two occasions; he was cleared seven weeks later after the boy recanted his allegations. > > But the stigma — and the county’s lack of remorse — has remained, said King’s attorney, Josephine Townsend. > > “Everyone agrees he was falsely charged, yet no one has offered an apology,” Townsend said. “They basically rushed to judgment and tarnished his reputation without any consideration of the harm they were doing.” > > Townsend filed the formal complaint Thursday in Clark County Superior Court. It names a host of defendants, including Prosecuting Attorney Art Curtis and Sheriff Garry Lucas; Deputy Prosecutor Dustin Richardson and Senior Deputy Prosecutor Kim Farr; sheriff’s deputies Anthony Spainhower and Mike Cooke; and the boy’s mother, Beverly Collins. > > The suit was filed after Townsend’s June 9 tort claim for $1 million could not be resolved with county officials. > > Mark Wilsdon, the county’s risk manager, denied the tort claim in a June 22 letter, saying “it is very unfortunate your client suffered such a loss, (but) this loss and civil action should be against your false-accuser and respective parents. This clearly has nothing to do with Clark County or its employees.” ---
**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\ **Post date:** [October 31, 2010, 7:10pm UTC](https://boards.straightdope.com/t/could-a-person-sue-a-child-for-making-up-a-false-sexual-predator-accusation-against-them/558994/2 "2010-10-31T19:10:33Z")
Sure he can. I could probably sue _you_ for emotional distress for posting this story or whatever- but it’d be thrown out. The question is could he win. The big story the other day that’s currently in Great Debates as well is a judge ruling that [a 4 year old can be sued](http://boards.straightdope.com/sdmb/showthread.php?t=583571) for negligence. ---
**Author:** ![MichaelEmouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michaelemouse/32/101_2.png) [@MichaelEmouse](https://boards.straightdope.com/u/MichaelEmouse)\ **Post date:** [October 31, 2010, 7:22pm UTC](https://boards.straightdope.com/t/could-a-person-sue-a-child-for-making-up-a-false-sexual-predator-accusation-against-them/558994/3 "2010-10-31T19:22:34Z")
In this Canadian province, case law has established that a minor can be civilly liable around age 7. So yes, you can sue and get a decision for a given amount in your favor. Collecting the damages: Two possibilities: 1. Letting time pass until the accuser can pay. Say a 12 year old makes a false allegation. You have 3 years to sue him. Getting a decision could take 1 or 2 years if it doesn’t go to appeal. You then have 10 years to collect by which time he could be 27 and able to pay. 2. Sue the tutors (usually, the parents). Their affirmative defense is showing they raised their kid well. If they can do that, they don’t have to pay even if their kid is held liable. If this seems like an iffy thing to prove or disprove, it is. The law could be quite different in other jurisdictions. ---
**Author:** ![TheFifthYear](https://avatars.discourse-cdn.com/v4/letter/t/958977/32.png) [@TheFifthYear](https://boards.straightdope.com/u/TheFifthYear)\ **Post date:** [October 31, 2010, 8:18pm UTC](https://boards.straightdope.com/t/could-a-person-sue-a-child-for-making-up-a-false-sexual-predator-accusation-against-them/558994/4 "2010-10-31T20:18:30Z")
I don’t know the exact cutoff for when a child is liable for their own actions, but I’d bet my next paycheck it’s much younger than 11 (as the suit against the four year old demonstrates). However, collection is going to be an issue. False arrest/defamation/slander are all intentional torts, which aren’t going to be covered by a homeowner’s or other type of insurance policy the way negligence would, so it’s unlikely there would be any point unless you were talking about one rich 11 year old. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [October 31, 2010, 8:54pm UTC](https://boards.straightdope.com/t/could-a-person-sue-a-child-for-making-up-a-false-sexual-predator-accusation-against-them/558994/5 "2010-10-31T20:54:32Z")
> [@TheFifthYear](#): > > …False arrest/defamation/slander are all intentional torts, which aren’t going to be covered by a homeowner’s or other type of insurance policy the way negligence would, so it’s unlikely there would be any point unless you were talking about one rich 11 year old. Depending the jurisdiction the _parents_ might be the ones having to pay (out of pocket). Also some jurisidictions have a pretty long window to collect civil judgements. As long as 20/25 years in some states. And of course there’s always the possiblity that the kid inheirited money or property from a beloved grandparent or great uncle/aunt.