 The Virginia Supreme Court made this point clear in the case of "Martin v. Ziherl" 607 S.E.2d 367 (Va. 2005).Martin and Ziherl were girlfriend and boyfriend and engaged in unprotected sexual intercourse when Martin discovered that Ziherl had infected her with herpes, even though he knew he was infected and did not inform her of this.She sued him for damages, but because it was illegal (at the time the case was filed) to commit "fornication" (sexual intercourse between a man and a woman who are not married), Ziherl argued that Martin could not sue him because joint tortfeasors - those involved in committing a crime - cannot sue each other over acts occurring as a result of a criminal act ("Zysk v. Zysk", 404 S.E.2d 721 (Va. 1990)).