What is the tort of malicious prosecution?

Malicious prosecution is a legal tort that can occur when a person has been wrongfully accused of a crime and forced to go through the process of defending themselves in court. It can be a criminal or civil action that is used to protect individuals from overzealous prosecution. In the District of Columbia, malicious prosecution is defined as when a person maliciously brings a criminal or civil action against another person without reasonable or probable cause. It requires that the accused party be found innocent of the charge and that the accuser acted without reasonable care or probable cause. Additionally, the prosecution must have had the intent to cause injury or harm to the accused. When malicious prosecution occurs, the accused person can sue their accuser for damages. These damages can include economic losses such as lost wages, attorney fees (if the person was forced to hire a lawyer to defend themselves) as well as emotional damages such as mental anguish and humiliation. The legal obligation to not bring a malicious action against another person is in place to protect individuals from being wrongfully accused and having to face potential costs associated with defending themselves. It is essential that individuals understand the elements of a malicious prosecution claim in the District of Columbia, so they know what rights they have to protect themselves if they ever face such a situation.

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What is the tort of malicious prosecution?

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