Legal Question in Criminal Law in Massachusetts

deprivation of character
About a month ago my friend had sex with a guy with herpes. He didn't tell her until she left and she has told some people about the incident. My friend was recently threatened that if she discussed his secret of having herpes or kept talking to people about it that he was going to bring her to court for deprivation of character. Im a little weary on the situation but if i recall as long as she's not lying about it its not a deprivation of character. Should she be worried or no and what should she do. Thanks

Asked on 2/25/09, 6:04 pm

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

0 users found helpful

0 attorneys agreed

Re: deprivation of character

While generally truth is an absolute defense to defamation (a claim based on injury to one's reputation caused by dissemination of false information), disclosing the known medical condition of another could, potentially, violate privacy laws designed to keep health and other sensitive information confidential. Having said that, it seems rather unlikely the man concerned about the public dissemination of his health condition would file a lawsuit, thereby putting that very condition ront and center in the public suit.

Nevertheless, common sense suggests your friend should exercise discretion in disclosing the information, and probably not seek to stir the pot unnecessarily. Although not a legal question, doing so could motivate him to retaliate in some way (probably outside of any litigation), which is sure to be unpleasant for your friend.

Answered on 2/25/09, 10:56 pm

Mark as helpful