Do I have a case of defamation?

[SingleMom81]

What is the name of your state (only U.S. law)? MO

About 2 years ago, I broke up with my now ex-boyfriend. Soon after, he began calling all of our friends and telling them that he just got tested, and that I gave him AIDS. I was horrified! (To say the least...)

He left a message on my friend's cellphone, in which he clearly states "Oh, and tell that b**** (my name) that I just got tested and she gave me AIDS. So she better get herself and our daughter checked out because she's gonna DIE." I immediately copied it to a tape and took it to the police station, then filed a report.

Then I went and got tested for HIV. When I got the results back, they were negative. I've taken several tests since then, but since I was told that HIV takes about 6mo-3years to show up, I should wait. But I still gave copies of my tests to the police officer who origionally handled my case. (If I have a case, which is what I'm getting to...)

The police told me its not defamation (is there a different name for it?). I think it is. Should I get a lawyer? If so, can you recommend one that's decent but has a fair hourly wage to suit a lower middle class single mom? Thanks!

ETA: Silly me, thought this would be obvious, but I'll go ahead and add it. Yes, I have gotten my daughter tested since then as well, and she's been negative. We actually just got some new results somewhere around 3 weeks ago. Negative!

 

[quincy]

First, if you had HIV antibody tests done, detectable antibodies generally will show up within 2 to 8 weeks after exposure to the HIV virus, with an average being 25 days. If you had an initial negative HIV test within the first 3 months after exposure, a repeat test is recommended after an additional 3 months to rule out a false-negative. BUT most people (97% of them) who are exposed to the virus will develop the antibodies in 3 months and only in RARE cases will it take up to 6 months.

In addition, if you had an HIV RNA test, this test detects the virus directly and the infection should show up within 9 to 11 days after exposure.

In other words, if you broke up with your boyfriend 2 years ago, you should have shown signs of the infection by now, unless you engage in risky behavior on a regular basis (ie. sharing needles, unprotected sex), in which case you should continue to be checked.

Second, yes, it is defamatory to tell people that you were given AIDS by someone if this is false. And, I might add, it is an especially cruel lie. You should consult with a defamation lawyer in your area, although the statute of limitations may have already passed for you to bring any action against your ex-boyfriend. In Missouri, you have 2 years to bring a defamation action, but you may be able to get an extension to file. I would check it out with a lawyer.

If you qualify, you can receive assistance at one of the free legal aid clinics in Missouri. You can also call the Missouri Bar Association for direction. Large law firms, if there are any in your area, often require that their staff attorneys commit a certain number of hours per month to pro bono work - calling some of the larger firms may be an option you want to look into. Law schools often have clinics, as well.

I do want to mention that your HIV test reveals only your HIV status, and it does not rule out the possibility that your boyfriend contracted the virus and has either HIV or AIDS (although if he has AIDS, it would be hard to hide that fact from friends). The virus is not always transmitted during sex. However, if you are HIV negative now, you did not transmit the virus to your boyfriend then.