Blackmail

I am currently involved in a case of blackmail. A person in a position of great reputation and power has, because of personal differences between us, decided to use their influence and reputation to accuse me of being a pedophile. He is offering to stop only if I leave Taiwan forever. He has already defamed and slandered me in this way with a large group of people under his control (previously my friends and co workers) locally. He is promising to further extend his claims with falsified police reports, and even to contact my family back home, promising to show them affadavits signed by “witnesses” in the local community.

I believe that I can prove none of it is true, or CERTAINLY at the very least, he cannot prove that any of it IS true, in a court of law. Can I sue or present criminal charges or do ANYTHING here, especially if he really carries out these further steps of contacting authorities and family?

If non can be proven, sue him for defamation. Let him pay millions.

One: Do not get advice from Forumosa. We are mostly idiots. Well-meaning, but idiots. Myself included.

Two: Since you have elected to get advice from Forumosa, I strongly advise you to SAVE EVERYTHING. Every single exchange between you and this person past, present, and future should be saved and copied and saved again. The law is on the side of the innocent in theory but sometimes it takes a bit of skill to prove you are in fact innocent. As soon as this person does anything you suspect is illegal or infringes upon your rights (threatening and ultimatums should count!), go IMMEDIATELY to the police so that a record is made. Even if you can’t prove it, you’ll at least have a slip of paper that indicates something concerned you enough to seek police help. I suspect this will go a long way in helping maintain you are a victim, not someone just making excuses and looking for an easy way out.

Three: Keep in mind that anything you have done recently and anything you do from this point on could be subject to very close scrutiny. Take extreme caution not to do anything that would arouse suspicion or give your accuser ammunition against you. Taking pictures of kids through a telephoto lens in a park, for example, would not be a good idea.

Four: Be aware that while you may be innocent until proven guilty as far as the court is concerned, society is a bastard. Being cleared by a court will not erase the psychological imprint of the accused as a “bad guy” in many people’s minds, and so even if it gets to the stage where you can defend yourself in court, you may be faced with employers unwilling to hire someone who has had this allegations levied against him, or friends keeping their distance, or restaurant owners scowling when you enter their establishment. It’s best to settle this dispute as quickly, amicably, and resolutely as possible.

Five: Testimonials and alibis. Find some way to make sure at least one person knows your whereabouts at basically any given time (checking in on Facebook all the time is a good way), and identify a group of trustworthy, hopefully diverse friends (i.e., one from work, one from life, one from a basketball team you play with, etc.) who can vouch for your character and would defend you if need be. Combined, these will help prove that any allegation against you is unfounded quickly. And time is of the essence. You want to nip this in the bud because some damage is irreparable.

Six: Stand up for your rights. There is no reason that you should give in to bullying if it is truly entirely unfounded. If you give an inch, they take a mile, so make absolutely no concessions that you think you’d regret later on in life. If you aren’t willing to leave Taiwan, there’s absolutely no reason you should. Your happiness, from an objective point of view, is no less important than your accuser’s happiness, and from a subjective point of view, your happiness is the only thing that matters. Don’t forget that.

Optional: Quietly dig up some dirt on your opponent that indicates he or she is not trustworthy, some objective evidence that shows character flaws and that he or she may be the kind of person to start arguments and lob unfounded accusations.

If I were you, I would contact my accuser through digital means to keep a record, set up a date to talk about the situation and see how we can resolve it, and RECORD THE WHOLE THING. I would say nothing that is untrue or misleading, would repeatedly stress my innocence, and would try to find a solution to whatever the conflict is with him/her that leaves us both satisfied. Failing this, if everything was irreconcilably doomed to failure with no hope whatsoever, I would take the recording to the police immediately to make a record, retain a lawyer, and file a suit of defamation before any more rumors could be spread.

Again, I’m not a lawyer; almost nobody on Fmosa is. This is just my friendly advice, so take it only at face value. And good luck.

thank you very much. I was mostly looking for information on laws on blackmail and slander in Taiwan. Also, what kind of lawyer should I be contacting? What about if he and I are both US citizens, can I make a case back in the States?

Trouble is, he is the leader of a community I have been a part of for years. I have NO friends outside this community, and we are looking at probably 500 people that would testify in support of HIS character. Although yes, in truth he is absolutely the kind of person to lob accusations and start fights and tell lies about people he does not like. I’ve seen him do this exact same thing on a MUCH smaller scale a thousand times. I never in a thousand years thought him capable of going so far.

Chapter 27 of the Criminal Code has got you covered if he does start spreading rumors. law.moj.gov.tw/Eng/LawClass/LawA … e=C0000001

It seems that extortion and intimidation regulations (chapter 33) focus only on an exchange of property or sexual favors rather than any other demands, so those may not apply. (It would be up to a lawyer and a judge to determine.)

I would recommend contacting the Community Services Center, Taipei. I’ve never had any interaction with them before but other people swear by them. At the very least they are likely to give you advice on a lawyer.

You should consult a lawyer. Perhaps pm Feiren as he works in a law firm and is a stand up guy who can recommend some people.

Now so far there have been no criminal charges against you so you may be advised to be proactive and launch a defamation suit. Certainly you are within your rights to do so. Slander is a criminal offense in Taiwan and is probably one of the most common things people go to court over. You can be charged with merely swearing at someone. A lawyer can advise you on the exact charges to lay. Note that if you do he will have to go to the police to answer the charges. This is all recorded and printed out.

The fact he hasnt gone to the police may also work in your favor as this man will look unreliable if he knew you were a pedofile and told staff but not the police. This shows bad faith and a certain malicious intent toward you.

Don’t believe his bluff that he can falsify police records and get false confessions. It isn’t that easy and is bound to backfire as witnesses will be forced to make the claims under oath before a prosecutor. It’s not easy to lie.

I feel for you. I am involved in a case right now where a Taiwanese is lying about me, basically accusing me of what he did and said to me. His story was so full of holes though the prosecutor was almost rolling her eyes. Oh and he too is a community leader and said he had plenty of witnesses but none came forward.

Try to record this guy threatening you. On your cell phone or via email.

And get a lawyer NOW as the story being on 'mosa might push the other side to further action.

I am trying, I can’t find anyone who speaks english! My girlfriend contacted several lawyers and they refuse to have an appointment with me because I don’t speak chinese. They didn’t even want to hear the situation

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