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Beller v. Tilbrook

A wife was unquestionably entitled to accept her husband's false statements that he was not infected with genital herpes, even though she suspected the truth.

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Walter Beller and Geraldina Tilbrook lived together for one year before they were married on June 7, 1994. At the beginning of their relationship, Tilbrook, a registered nurse, refused to engage in sexual relations with Beller unless he agreed to be tested for sexually transmitted diseases. Beller assured Tilbrook that he had been tested for sexually transmitted diseases and that he was disease free.

In March 1994, Tilbrook discovered that she had contracted genital herpes. When she initially confronted Beller about her condition, he denied that he had herpes or that he had given it to her. Periodically, during the course of the parties’ marriage, Tilbrook asked Beller if he had infected her and Beller continued to deny that he had. Ultimately, Beller admitted what Tilbrook suspected—that he had herpes and infected her.

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