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Intentional infliction of emotional distress in Massachusetts

I hope you take this seriously and give me some information because I'm losing it. I dated a very well to do guy for about two months, but it turned out he was a bit odd and a creep so I broke up with him. At first he called me several time a week first asking and then demanding I go out with him again. I told him I would call the cops if he kept calling and that I would record all incoming calls to show the police. Since that time I've had about twenty threatening letters sent anonymously to my house. They're full of foul language and accusing me of being a slut and other things I won't mention. I've been a nervous wreck since this all started because the guy is scary. I've missed work and lost weight and I just want it all to stop.

So my question is can I sue this guy for negligent infliction of emotional distress? I think if I did that it might cause him to back off, even if I don't win. What does the law allow me to do.

Emotional distress and harassment in MA

Sorry about your situation.  I do take your situation seriously, as evidenced by how quickly I'm responding to your question.  I would start by taking the letters to the police and talking to them about the matter, immediately.  Massachusetts has several laws that might be applicable to this situation, including Massachusetts General Laws, Chapter 265, Section 43A, prohibiting criminal harassment.  The police may be willing to talk to the guy and convince him to knock it off without resort to criminal action and the difficulties of proof.  I think they will take it seriously.  If not, you can swear out a criminal complaint if you wish.

You may also consider a harassment prevention order under Massachusetts General Laws Chapter 258E.  Under Chapter 258E harassment is defined as: "(i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse, or damage to property and that does in fact cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23,24, 24B,26C,43, or 43A of chapter 265 or section 3 of chapter 272."

As to your question, you typed negligent infliction of emotional distress, but I think you meant to ask about intentional infliction of emotional distress.  Massachusetts law does allow for damages resulting from the intentional infliction of emotional distress.  In Agis v. Howard Johnson Co., 371 Mass. 140 (1976), the MA Supreme Judicial Court held that a person "who, by extreme and outrageous conduct and without privilege causes severe emotional distress to another is subject to liability for such emotional distress even though no bodily harm may result."  If you have actual damages, and don't mind spending money on legal fees, you may want to contact a Massachusetts attorney to discuss your situation.  Again, even if you ultimately take no action in court, sometimes a strongly worded letter from an attorney will have a sobering effect on people like your ex boyfriend.  Good luck.

 

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