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People spreading rumors that I have an STD

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halflifesales

Junior Member
What is the name of your state (only U.S. law)? NY

during the past month I have recieved countless notifications from my friends asking if I had herpes, I dont... after a bit of searching I found out who had been one of the original people to spread this rumor. by confronting her on facebook, I got her to claim that she had in fact told people that I had Herpes and even told ME that I must have it. In addition to this her friend decided to send me a message calling me "a ******" and additionally claiming that she had been spreading this rumor. one of these girl's boyfriend's is now harrasing me on facebook. What can I do? These rumors have spread around to my entire school and I believe it truly is a defamation of character.
 


quincy

Senior Member
First, New York law recognizes "defamation per se" statements, which are statements that are defamatory in and of themselves and have no innocent meaning. Defamation per se covers false accusations of having a "loathesome disease."

STDs are generally considered loathesome and a false accusation of having an STD, therefore, would be defamatory per se.

With false statements that can be categorized as defamatory per se, compensable injury is presumed. You do not have to prove fault or reputational injury in order to be awarded damages in a defamation action. It is automatically assumed that the statement injured your reputation.

Without this presumption of injury, you would need to demonstrate the damaging effects that the false accusations have created (a shunning by others, ridicule, perhaps loss of employment or job opportunity, etc), which can be difficult. You must also show that the rumors were spread with the requisite degree of fault.

It is possible, therefore, that you have a defamation action worth pursuing.

However, herpes is an infection that is relatively common, and there are many kinds of "herpes." Herpes zoster causes chicken pox and shingles, for instance, and a false accusation of having this type of herpes would probably not be defamatory per se or even considered reputationally injurious. False allegations of having oral herpes, likewise, may not be one that presumes reputational injury, although it could potentially be defamatory. This is the virus that causes cold sores, is transmitted through direct contact with the lesion or body fluid of an infected person, does not require sexual contact, and estimates of its prevalence in the American adult population have ranged as high as 80%.

If the false accusations being made about you refer to genital herpes (the virus that causes genital warts), then those statements could cause reputational injury and could be considered defamation per se. The CDC estimates that today one out of four women are infected with genital herpes and one out of eight men are infected with genital herpes. Whether the increased prevalence of this disease decreases the stigma and "loathesomeness" of the disease enough to eliminate its per se presumption, however, is something that I do not know.

Without the presumption of compensable injury going into a lawsuit, you would need to weigh the (generally very high) costs of bringing a defamation suit against the amount of any potential award of damages (and the collectability of any potential award - if your friends are young, without income or assets, you may find it hard to collect damages). There is also the very real possibility of losing your lawsuit entirely (regardless of evidence supporting your case).

You should consult with a lawyer in your area to go over all of the facts, to see if a defamation action makes sense in your situation.

Perhaps just a letter drafted by the attorney and sent to your friends, warning them of legal action that could be pursued against them (if they do not stop defaming you, if they do not retract what was said about you, if they do not delete all defamatory comments posted online, and if they do not refrain from making any further defamatory comments about you) may be enough to stop the defamation.

Good luck.
 

You Are Guilty

Senior Member
Spending tens of thousands of dollars for a defamation suit will certainly make your lawyer happy, but when it comes time to collect and there's nothing to collect from... uhoh. So while Quincy provided an excellent overview, as a practical matter, you're not going to get blood from a turnip. Unless she's from a wealthy family, the best realistically you can hope for is a public retraction.

So +1 on the "scary lawyer letter" idea.
 

quincy

Senior Member
I understand, YAG, that law firms (like newspapers) are suffering from the economic conditions in our country, and that lay-offs in firms are increasing. I am just trying to do my part to keep a few lawyers employed (hopefully they will, in turn, run out and buy a few papers). ;) :D

But, yes, a cease-and-desist letter probably makes more sense financially, in halflifesales case.
 

You Are Guilty

Senior Member
I suppose we'd be remiss if we didn't also mention that before starting any lawsuits, the OP might want to double check that he does not, in fact, have the Herps. (That would be quite an embarrassing end to any defamation lawsuit).
 

halflifesales

Junior Member
I went to a doctor today. she told me what the symptoms of genital herpes would be, and I have never experienced them. She also made an examination and was unable to find any physical symptoms of genital herpes. However, I still plan on seeing a urologist to get a more detailed analysis. In a few minutes Ill put up some of the conversations so you can see exactly what went on. both of these girls are under 18, but are in a generally wealthy school district. the boyfriend who has been hassling me is 18. Honestly I would really settle for having them both make a school announcement apologizing to me and denouncing this rumor
 

halflifesales

Junior Member
*Read this from the bottom to the top*
Girl 1 wrote
at 6:27pm on March 28th, 2009
yeahh kk
Write on Nicole's Wall - Delete

I wrote
at 3:31pm on March 28th, 2009
Well let's see. I originally asked you why you were spreading rumors about me and then you insist that I have an STD. I warned you that what you were doing was slander...following this you insisted again that I had an std and was sreading these rumors for the good of everyone else. That's not harrasment, but what you are doing IS slander. That's defamation of character. Look it up
Delete

Girl 1 wrote
at 3:24pm on March 28th, 2009
no,no. your an idiot. three people told before three weeks earlier. the only reason i brought it up the other day was because a friend asked about you. and listen stop commenting my facebook. this is like harassment, ya know? maybe i should press charges
Write on Nicole's Wall - Delete

I wrote
at 3:23pm on March 28th, 2009
Exept for the fact that you "started" these roomors
Delete

Girl 1 wrote
at 3:21pm on March 28th, 2009
you truly are the coolest kid. i would love to see you press charges for slander, cause you'll have to press charges against the whole school. your so silly
Write on Nicole's Wall - Delete

I wrote
at 3:08pm on March 28th, 2009
well actually i just wanted physical evidence before I press charges of slander against you (against the law by the way)...so yea, im taking this seriously this is NOT a joke
Delete

Girl 1 wrote
at 5:52pm on March 24th, 2009
so i was just gonna say something to you in school and not waste my time saying what i have to say on facebook, like were in fifth grade again like some people, but unfortunately i didn't see you. so one, maybe your to naive, but everybody has been saying that you have herpes for a couple weeks now. two, grow some balls and dont be so immature, if you have something to say, you can come to me and say it to me, not comment my facebook. and three, dont get so defensive, just because you have herpes doesnt mean you have to beat your self up about it. its not your fault=/.
Write on Nicole's Wall - Delete

I wrote
at 1:43pm on March 23rd, 2009
There obviously is no friend and I don't know why you would go around saying that but that's slander.
Delete

I wrote
at 12:48pm on March 23rd, 2009
Are you ****ing serious?! Your telling people I have herpes!
Delete

Girl 1 wrote
at 12:28pm on March 23rd, 2009
oh stop being a drama queen
Write on Nicole's Wall - Delete

I wrote
at 11:02am on March 23rd, 2009
That story is bull**** and I want to know who made it
Delete

Girl 1 wrote
at 10:58am on March 23rd, 2009
i dont think it really matters
Write on Nicole's Wall - Delete

I wrote
at 6:25pm on March 22nd, 2009
Who's your friend
Delete

Girl 1 wrote
at 6:17pm on March 22nd, 2009
haha, im not spreading a rumor. its what i was told, and i was just looking out for a friend.
Write on Nicole's Wall - Delete

I wrote
at 1:34pm on March 22nd, 2009
Why the **** are you spreading a rumor that I have herpes
Delete
 

halflifesales

Junior Member
Girl 2 "lmfao honestly your a ****** i was the one who heard that you had herpes and i probably told nicole, everyone in the school already thinks you have it so you probably do"
 

You Are Guilty

Senior Member
If you can scrounge up $5k-$10k for a retainer, I'm quite sure you can interest a lawyer in starting a lawsuit. Of that kind of money is unrealistic, try for $500 and see about getting the Scary Letter written on your behalf.
 

quincy

Senior Member
It sounds like you have a defamation lawsuit that would be worth pursuing, but You Are Guilty is right about the expense involved, and collecting damages, should they be awarded, may be difficult. For those reasons alone, a cease-and-desist letter (a very scary one, as Home Guru suggests) may be your best option.

Make a print-out of all the Facebook communications, and any other "evidence" you may have of the defamatory comments made about you (people who have heard and believed the comments and who are willing to make a sworn statement to that effect, for instance), and have your recent medical test results available, and contact a lawyer.

There are free legal aid clinics throughout New York that may be able to assist you with the drafting and sending of the letter, but many (if not most) free clinics do not handle defamation suits. You can inquire at the clinic about attorneys or firms who do, however.

You should try to get those who are writing about you online to delete all of the defamatory material - that should be one factor emphasized in any cease-and-desist letter if you cannot encourage these "friends" to delete their entries voluntarily.

Because of the nature of the rumors being spread, I do suggest that you have some contact with an attorney, though. Perhaps your parents would support your efforts in seeking legal recourse against those who are defaming you.

As an additional note: Because you are an older teen, you will probably be looking to apply for colleges and/or jobs soon. Facebook, MySpace, and other social networking sites are often looked at by employers and schools, to check out applicants. Many applicants are denied positions because of what is posted about them or by them online. It would be wise for you "clean up" your internet image prior to filling out any applications.

Good luck.

(and Charlotte is absolutely right - do NOT try to fake an attorney's cease-and-desist!)
 
Last edited:

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