by demarco » Thu Mar 31, 2011 10:46 pm
If he can prove that the statements were false, maybe get a STD test result and prove her wrong he might be successful. "Libel is the type of defamation with a permanent record, like a newspaper, a letter, a website posting, an email, a picture, or a radio or TV broadcast. If you can prove that someone libeled you, and that person does not have a good defence (see the section on defences below), then a court will presume that you suffered damages and award you money to pay for your damaged reputation. "
All states except Arizona, Arkansas, Missouri, and Tennessee recognize that some categories of false statements are so innately harmful that they are considered to be defamatory per se. In the common law tradition, damages for such false statements are presumed and do not have to be proven. "Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things"
2.Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
And about her argument that she was trying to help other from harm, that I would have to say is not within her authority to be doing that. Who is she to be going around telling others that he has STDS? She obviously had sex with him and did not look into his sexual history which means she is also liable and responsible for not taking all precautions.