Ask a Lawyer - Archive
   
Posing As A Man
Daniel B. Ross

Q. 

My daughter has been dating a young man for 11 months and is deeply in love. This week she found out that the man was actually a girl. This girl is now saying that it was all a joke.

This relationship did lead to sex but he would never let her touch his genitals.

My daughter is 17 and the other girl is 16. I know for a fact that this girl has been posing as a boy for 3 years. I now have a daughter that will not go to back to school because she is so embarrassed but most of all, she is severely depressed and heartbroken. Do we have a chance of suing for mental anguish?

-- Janet

A. 

I am very sorry to hear about your daughter's predicament. I am a lawyer in Texas, so the law may be different in your state. I believe that your daughter may have claims against this man/girl for fraud and/or intentional infliction of emotional distress.

Fraud generally requires proof of a materially false representation that your daughter relied on to her detriment. It generally requires proof of intent on the other party. Intentional Infliction is sort of a catch-all provision when other causes of action don't quite fit. This requires a showing that the defendant acted intentionally or recklessly and his/her conduct was extreme and outrageous and the emotional distress suffered by your daughter must be severe.

It's a difficult situation in either event whether she chooses to pursue the matter or not. Pursuing the matter would lead to more contact with the man/girl and could cause even more emotional distress. I suggest you contact an experienced lawyer in your state to discuss your legal options. Good Luck.

Daniel B. Ross
Ross Law Group
Austin Personal Injury Lawyer



-- Daniel B. Ross

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