QUESTION
If someone gave me herpes, can I post it on craigslist?
Asked on Oct 08th, 2013 on Personal Injury - New York
More details to this question:
Someone gave me herpes on purpose. I know it was on purpose because I found a prescription bottle from a year ago and this whole time we have been together he said he was clean which had to be a lie if he had the medicals a year ago. So I want to know if I can post his status on craigslist and Facebook without criminal legal consequences. I don't care about civil.
6 ANSWERS
Edwin K. Niles
No crime that I know of.
Answered on Oct 16th, 2013 at 1:29 AM
Ronald A. Steinberg
No. Accusing someone of a disease CAN be defamatory. Unless you are 100% sure, and can prove it, that the person GAVE you the disease, you are likely to end up getting sued. If you are 100% able to prove that the person IS the carrier of the disease, then sue him/her, and report it to the health department so the disease is not spread farther. By the way, don't you check on this stuff BEFORE you go to bed with someone?
Answered on Oct 10th, 2013 at 3:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may be sued for defamation.
Answered on Oct 09th, 2013 at 4:41 PM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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The truth is an absolute defense to slander, libel and defamation.
Answered on Oct 09th, 2013 at 4:25 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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One of the most dangerous questions for an attorney to answer is "Can I .." . The problem is, attorneys cannot be aware of every law and as soon as we say, "yes, you can do that without civil or criminal liability", there is some law of which we unaware that makes the activity in question illegal. Furthermore, I do not know what state you are in. I am supposed to get questions pertaining only to SC but I can tell from the content of some questions that I am getting questions from other states. Having said all of that, I cannot think of any law anywhere that would make what you are proposing to do criminal (I also do not think there would be civil liability). In fact, any such law may be an unconstitutional infringement of your first amendment rights. Also, I believe some states have enacted criminal laws prohibiting knowingly exposing someone to a sexually transmitted disease without the person's consent. You might want to look into that as well.
Answered on Oct 09th, 2013 at 4:13 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Why take the risk? He can claim it wasn't him, that this was a set-up, that you are making the whole thing up, that you are a nut job. None of that may be true, but that's what you are opening the door to.
Answered on Oct 09th, 2013 at 11:21 AM