I believe my ex sent a postal letter to my local barber, which contained a picture of me in a jock strap. The letter stated that: I am HIV+. He had male-to-male sex with me. He has a STD. Lastly, the caption also stated, "I feel he is a danger to others and the public needs to know about him." The letter was only addressed to my barber and there was no way to authenticate who the letter came from.
I am positive.
I did have sex with a male.
I do not know if he has a STD.
I do not think that I am a danger to others.
The picture was one I have given to many people.
Truth is an absolute defense to defamation (slander is spoken defamation; libel is written defamation). Also, opinions, name calling, insults and slurs are protected speech. So I do not see a successful defamation action for the comments made. However, it could be an invasion of privacy--depending on who took the picture, for what purpose and where it was taken. More info is needed. Also, you would need proof that it was your ex.
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