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The woman, who filed the case under a pseudonym, testified that she asked her date to wear a condom and he said OK, but the next thing she knew he wasn't wearing a condom and it was too late. Afterward, as they were lying in bed and talking about the chemistry between them, she said he broke the news to her: He had herpes.
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He testified that he told her that he had herpes not out of guilt, as she contended, but because he liked her and wanted her to know there might be times when he had an outbreak and he would have to refrain from sex.
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His attorney argued that the woman was careless -- that she should have demanded he wear a condom because without one "everyone knows you're at risk for an STD."
So, the guy admitted he had sex with her, without a condom, and that he knew he had herpes. Easy lawsuit.