Std Testing And Treatment After Assault
After being sexually assaulted, it is important that you get a sexual assault examination as soon as possible. If you seek medical care within 120 hours of the assault, the health care provider who sees you may give you medications for certain STDs in case you were exposed to the diseases during the assault. Because these medications are not 100% effective in preventing disease, it is still important that you are aware of what to look for and return to your health care provider in two or three weeks to assure that you have been effectively treated.
For HIV risk, post-exposure prophylaxis of antiretroviral drugs may be offered if the assault took place within 72 hours of your medical evaluation. PEP lowers the chances of HIV infection taking hold in the body after an exposure to HIV.
If you do not have a health care provider, there are many places that can provide low-cost or free, confidential testing for HIV and other STDs/STIs for victims of sexual assault, or anyone else who may have an infection. See Getting Tested for STDs and HIV below for more information.
Safe, effective treatment is available to cure gonorrhea, chlamydia, and syphilis. Antibiotic treatment usually is based on the results of STD/STI tests. However, your physician may decide to treat you while waiting for the test results.
Can I Sue My Husband For Giving Me Herpes And Hpv I Was Not Informed By Him That He Had It I Went To The Dr Who Confirmed Nj
Yes, absolutely. Ive done it several times and prevailed. Wiped out a spouses equity in a home who gave his wife Herpes , in another matter agreed to a 15 year alimony obligation on a 6 year marriage as part of an agreement to keep it out of the public record. It can be done. Proofs are very important . As said by others, speak to a Family Law attorney who has handled these cases and this issue.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS BEST ANSWER. Thanks.The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
It Is Possible To Be Arrested In Ohio For Giving Someone Herpes
Under Ohio assault laws, knowingly causing another person harm or attempting to cause another person physical harm is illegal. Therefore, having sex with someone when you know you have herpes could result in an assault charge.
In Ohio, simple assault is a first-degree misdemeanor. If the court finds you guilty of assault, you could face up to $1,000 in fines and up to six months in jail. If there are aggravating factors, the punishment could be more severe.
Therefore, you could go to jail for giving someone herpes in Ohio if your case meets the legal elements of an assault charge. Additionally, you could face civil penalties if the person sues you for damages related to contracting herpes.
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What If The Sex Was Not Consensual
If you got herpes during nonconsensual sex, you can sue for civil battery.
To hold someone liable for battery after transmitting herpes, you have to show that:
These defendants can also face criminal charges. They can be accused of willful exposure. They can also face charges for the nonconsensual sex. They can be accused of:
- sexual assault, or
You can also recover other losses, if they stem from the transmission.
Should You Pursue An Std Case
The decision to proceed with a lawsuit for the wrongful infection of a sexually transmitted disease must be made carefully after reviewing several issues with an attorney experienced in this area. The nonlegal considerations will vary with each individual. Legally, there are several guideposts to consider.
1. The statute of limitations
Every lawsuit must be filed within a certain period of time. Statutes control the various time periods for each type of legal action. Generally, for personal injury cases , the statute of limitations is five years. The tricky part is figuring out when the time clock starts running. Generally, the period begins when the person damaged first learns of the injury. In the years ahead, it is expected that the courts will address the various nuances associated with statute of limitations issues involving STD cases. For example, does the clock start from the first intimate contact resulting in infection, at the first signs of infection, or when the infection is first diagnosed? These issues are left to the future, although some common sense legal guidelines should be considered now. For example, a person who has suffered from herpes for 10 years has probably lost the ability to sue the wrongdoer.
2. The type of STD
3. Legal damages
4. Evidence and the STD case
5. Settlements or court trial?
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Hiv And Other Sexually Transmitted Diseases
Criminal transmission of an STD crimes commonly encompass different types of diseases. Though state laws differ, they typically include both HIV as well as other communicable or contagious sexually transmitted diseases. Some state laws list the individual diseases covered by name, while others use more general language that includes any type of communicable or sexually transmitted disease. Also, some states limit these crimes to the transmission of HIV, while others include HIV as one of the diseases covered by the law yet others provide for additional penalties if the transmitted disease is HIV.
Civil Consequences Of Transmitting An Std To A Partner
If you have sex with another person knowing you have herpes or another STD, you could be sued for damages if you do not tell the person about the disease before sex. However, the person would need to prove that you knew you were infected and failed to tell them before sexual intercourse.
We all have a duty to avoid causing harm or unreasonable risk of harm to others. Breaching this duty of care can result in a negligence claim. The legal elements of negligence are:
Negligence is failing to act with the same level of care that a reasonable person would have used in similar circumstances. For example, a jury may find that a reasonable person who knew they had herpes would understand that having sex with someone could spread the infection. Therefore, a reasonable person would inform the other person of the herpes diagnosis so the person could decide whether to take the risk.
If the defendant did not inform the other person that they had herpes, the jury might find the defendant liable for damages. Damages in a personal injury case can include medical bills, pain and suffering, lost wages, emotional distress, permanent impairment, and other out-of-pocket costs.
Even if you wear a condom, you still place the person at risk. Therefore, if you do not tell a potential partner you have herpes or another STD, you could be arrested for a crime and sued in civil court.
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Civil Suits Involving Herpes Stretch Back Over Two Decades
There are few records of the total number of STD transmission lawsuits filed over the years, but Herpes News, a blog for those who have the virus, says that civil suits involving herpes stretch back over two decades.
In one example from 1996, a 32-year-old woman sued her ex-boyfriend for knowingly exposing her to, and infecting her with, herpes. He settled the case for $550,000.
Learn More About Personal Injury Cases
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What Is The Law In Georgia Regarding The Transmission Of An Std
Under Georgia law, it is both a crime and a civil violation to knowingly infecting your sexual partner with an STD. If someone knows they have a disease, they owe it to their sexual partner to let them know. This is especially true for someone who has a serious disease like HIV or Hepatitis.
Generally, speaking, you cant really sue if youre infected with an STD that is easily treated. Yes, you could sue for your medical bills and demand emotional distress. However, the court probably wouldnt entertain such a case. For example, if someone gave you herpes, the court would have a hard time finding long-term damages. However, if youre infected with a disease that has long-term damages, you will certainly have a good chance of winning your claim.
Under Georgia law, in order to pursue someone who gives you an STD, youll have to prove negligence. This means your Atlanta personal injury lawyer has to show the following:
- The defendant had a duty to disclose their status
- A reasonable person would not have had sex with someone without telling them they were sick
- The defendant breached their duty by failing to disclose their disease
- You were injured
Talk To A Florida Criminal Defense Attorney
Being charged with a sexually transmitted disease crime in Florida can lead to significant criminal penalties. Any time you face a criminal prosecution you are pitted against the vast resources of the state of Florida, its criminal investigators, and prosecutors. An experienced Florida criminal defense attorney is the only person who is qualified to protect your rights during the criminal justice process. As soon as you learn you are being investigated, have been charged with a crime, or merely need legal advice, you need to speak to a criminal defense attorney in your area who has personal experience with the local criminal justice system.
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Herpes Transmission: Lawsuits Continue
Cases bought by one partner against former lovers are continuing to come to court both in the UK and the US. The person who receives herpes from their lover is often claiming damages or in some cases in the UK looking for a prison sentence for knowingly transmitting this incurable STI.
Recently a woman in New York sued her lover of two years for infecting her with genital herpes after alleging he also had sex with sex workers in the same period. Her lover responded that she is suing him purely for financial benefit.
In the UK, a man convicted of deliberately infecting his lover was given a four year jail sentence.
Herpes is a common infection, it can be controlled during outbreaks and is mostly contagious when you have active blisters. This means that passing it on can be reduced if you abstain from sex while you are infected. There is no need to stigmatise people with this infection.
Better2Know can test for Herpes at any of its clinics across the country. You do not need to have Herpes symptoms for the test as we can do it with a blood sample, but we can also take a swab of suspected Herpes outbreaks to see whether Herpes is the cause. Better2Know tests distinguish between Herpes Type I and Herpes Type II .
Suing For Sexual Battery
Another option is to sue your partner for sexual battery. Sexual battery is outlined in Section 22.011 of the Texas Penal Code.Sexual battery can result in both civil and criminal penalties. A person convicted of sexual battery can face felony charges.
Even though you consented to sex with your partner at the time, this was because you were not informed about his or her STD status. Had you known that your partner was infected, you would not have consented to the sexual encounter. Therefore, your consent was effectively wiped out since you were not provided with all the facts before having sex.
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Criminal Versus Civil Court
The law of the state you live in determines whether transmitting herpes to another person may be considered a crime or only a matter of civil law, or both.
In states where transmitting herpes to another person can be a crime in the right circumstances, it is punishable with imprisonment or a fine.
When someone files a criminal complaint, the police will investigate and collect evidence.
If you transmitted herpes knowingly , you can be found guilty of a misdemeanor, which is punishable with up to one year of imprisonment or a fine .
In most states, if you knowingly pass an infection to another person, you can be sued for monetary damages under common law tort principles.
When making a decision, civil courts rely on economic, ethical, and legal principles, including previous similar cases.
The Consequences Of Failing To Inform Your Partner
The consequences of failing to inform your partner can be twofold:
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What Is Willfully Transmitting An Std
Someone infected with an STD can be criminally liable for willfully transmitting it, as well.
Willfully transmitting an STD requires a doctor telling the defendant not to engage in certain conduct. That conduct has to pose a substantial risk of transmitting the disease.
If the defendant engages in that course of conduct within 4 days, he or she can be liable.2
What Should You Do If You Are Arrested For An Std
If you are arrested on an STD-related assault charge, do not answer questions or provide a statement to the police. The police may pressure you to explain what happened. An officer may threaten you with a blood test against your will.
Do not be a victim of aggressive police tactics. Exercise your legal right to remain silent except for asking for an attorney. By talking to the police, you provide additional evidence they could use against you in court.
If you have been released from jail, contact a criminal defense attorney as soon as possible. An attorney can provide additional guidance on things you should and should not do as you prepare a defense to the assault charges.
Do not contact the alleged victim or attempt to contact the victim through a third party. Contacting the alleged victim after being released from jail could result in additional criminal charges.
Begin gathering evidence that can help prove that you did not know that you had herpes, you do not have herpes, or that the sexual encounter was consensual after you informed the person you had herpes. Text messages, social media posts, and other written evidence that the person knew you had herpes could be helpful in your defense.
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Can You Sue Someone For Giving You An Std
Contracting an STD from your partner is probably the last thing youd want to have happen. Not only will it likely strain your relationship, but now youve got to deal with the disease itself.
If youve contracted an STD, can you sue the partner that gave it to you? While each states laws may vary to a degree, there are legal actions you can take against your partner.
In this article, well examine the question of can you sue someone for giving you an STD? in greater detail. Well look at some of the legal recourse and factors to consider if you ever contract an STD from someone.
Is It A Crime
Intentionally transmitting an STD is a crime in many states. A conviction for one of these offenses can be used as evidence in a personal injury case.
California is a state that makes intentionally transmitting an STD a crime. California Health and Safety Code 120290 HS makes it illegal to transmit infectious diseases. This includes STDs like:
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Do I Need To Work With An Experienced Local Lawyer
If you decide to pursue criminal charges against the person who infected you, an attorney is crucial. You will most likely need to testify in court. Your attorney can prepare you for the tactics the defendant might use to try to prove his or her supposed innocence.
If you successfully gain a criminal conviction, it might become even easier for you to pursue civil damages. Because of this, some attorneys might encourage you to wait if the states statute of limitations provides enough time.
Even if you choose only to file a civil suit, note that these cases are incredibly difficult to prove. This is due to HIPAA restrictions and other privacy issues. Only an attorney can advise you on how best to safely navigate these obstacles.
Finding an attorney with the necessary skills can be difficult, especially if you pursue both criminal and civil cases. We can help match you to the right one in your local area. Submit a request online or call us today at 866-345-6784 to get in touch with an attorney in your area!
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