Couple Charged With Sexual Assault Wins Internet Defamation Lawsuit

A Texas couple, Mark Lesher, 63, and his wife, Rhonda, 50, were accused by a woman of sexual assault. Mark Lesher is a prominent attorney, and Rhonda was running a successful day spa. The accusation included a man who works on the Lesher’s ranch.   Before they stood trial in January 2009, there was a steady stream of attacks on the Web forum Topix.com.   The comments accused the couple of murder, encouraging pedophilia, drug abuse and other crimes that materially attack their characters.

In January 2009, the couple and their ranch hand were found not guilty on all charges.

Three years ago, the couple filed a 365-page lawsuit naming 178 pseudonyms used to post what they considered the most defamatory messages. They posted the lawsuit on Topix and served the company a subpoena to obtain the IP addresses. A Texas judge ordered Topix to turn over the identifying information about the anonymous posters. The Internet Protocol (IP) addresses led to a couple that owned a business, and accused the Lesher’s of sexual assault in 2008.

In July 2009, the Leshers filed an amended petition in the District Court of Tarrant County, Texas naming Shannon Coyel, the couple’s accuser; her husband Gerald Covel and his brother, James Coyel. Also named as a defendant was Apache Truck & Van Parts of Kennedale, Texas and two of its employers, Charlie and Pat Doescher.

Mark and Rhonda Lesher stand on the steps of Collin County Courthouse in McKinney, Texas, shortly after their acquittal of sexual assault charges Jan. 16, 2009.

On Friday, a jury awarded the Leshers a judgment of $13.78 million.

Mark and Rhonda Lesher stand on the steps of Collin County Courthouse in McKinney, Texas, shortly after their acquittal of sexual assault charges Jan. 16, 2009. On Friday, the couple were awarded

The Gazette reported a malicious prosecution suit is pending that names as defendants the Coyels and Red River County District Attorney Val Varley, who unsuccessfully prosecuted the sexual assault case against the Leshers. That suit accuses them of conspiring to convict the Leshers of a crime they did not commit. The newspaper reports that a jury trial is scheduled for August.

Ryan Calo, who teaches privacy law at Stanford Law School and is joining the faculty at the University of Washington School of Law, said

“Defamation is one area of law in which a jury or court have to figure out how much damage has been done. It’s not a car accident where you can calculate medical bills and how much work was lost after an injury. There’s something more ephemeral in a reputation.”

There is a difference between free speech, which states an opinion, and accusations stated as fact that have no basis in fact and causes harm to the personal lives of others.

There’s more on this story and other internet defamation stories on ABC News.