Retraction is the act of taking back something previously stated, written or presented. It can apply to defamatory statements, filed documents, witness statements, promises or contracts. Retraction can be used in legal cases, but it can also have negative consequences, such as retraumatizing rape victims or leading to criminal charges for false retractions.
In a legal sense, retraction is the act of taking back something that has previously been stated, written or presented. The precise laws on how this is accomplished vary from region to region, but there are, generally, three types of things that can be withdrawn. Oral or printed defamatory statements can be officially withdrawn to avoid legal action. Alternatively, certain motions, filed documents, or witness statements are subject to retraction. Additionally, individuals or entities may revoke certain promises or contracts.
Almost every day, different types of media publish untruthful material about celebrities which can damage the reputation of these people. Many stars respond by filing lawsuits, which they will often quash if the media source publishes an appropriate retraction. Whenever someone is slandered by having false things written about him, or slandered by having false things spoken about him, there may be reason to ask for a retraction. Even one accidentally wrong statement could create legal nightmares, which most publications are eager to avoid. Editors with strong journalistic ethics tend to automatically retract at the justified request of others.
Many people have seen more than one legal drama where a witness wants to retract previous testimony. Those who testify can retract a confession or allegation that has not yet been heard in court. Alternatively, during a trial, witnesses or the defendant may decide to change their mind about their testimony and testify again with contradictory information.
This is not the only use for retraction in a court of law. Motions can be withdrawn, and documents filed in court can also be withdrawn, if they are not legal or inaccurate. In some states, a financial settlement, such as in a divorce, may occasionally be withdrawn in light of new information.
There are various laws describing the legal rights of individuals who enter into contracts with others. In some cases, it is possible to take back an issued contract, particularly if something happened after the time of its issue to make it void. However, there can be strong disagreements about whether it is legal to rescind a contract. A court may be asked to determine whether the withdrawal was fair, whether the contract should be honoured, and what damages, if any, may be due.
While withdrawing statements, documents or contracts can sometimes be a virtue, there are horror stories surrounding its implementation. Rape victims were sued for defamation if their cases were unsuccessful in court. They may be forced to withdraw a rape allegation, which likely retraumates the victim.
In some strange cases, people have been held criminally liable for false retractions of testimony and have been convicted of perjury. For example, a woman in the UK was jailed for retracting a rape allegation against her husband, not because the allegation was false, but because she was. Although she was eventually freed, her example suggests that any testimony in court, including a retraction, is taken with due gravity.
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