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.
How Does Herpes Simplex Spread
Herpes spreads through close contact with a person who has the infection. The virus can be found in skin and saliva. If you have herpes simplex, you are most likely to pass the virus to another person when you have sores. But you can infect someone else even if you have no symptoms. Healthcare providers call this asymptomatic viral shedding.
People may get HSV-1 through
- Touching a persons skin near the mouth.
- Sharing food utensils, lip balm or razors.
- If you receive oral sex from someone who has a cold sore, it may spread a herpes infection to your genitals.
People may get HSV-2 through
- Oral sex with someone whos infected.
- Touching open sores, including while breastfeeding.
- Childbirth by a mother or gestational parent who has an active infection.
You cant get genital herpes from objects like toilet seats. But you could pass genital herpes through shared sex toys.
Can I Sue For Contracting Herpes During Consensual Sex
Yes, you can file a personal injury lawsuit against someone who infected you with herpes. You can sue even if the sex was consensual. The lawsuit would claim that the transmitter was negligent. He or she could have prevented the transmission of their herpes, but failed to do so.
You can hold someone liable for giving you herpes if you can show that he or she:
- did not disclose their condition to you,
- did nothing to prevent its transmission, and
- could reasonably foresee the harm that it could cause.1
A sexual partner can be held liable even if they do not think they are contagious.2 He or she does not even need actual knowledge that they are infected. They do not need to know they are carrying herpes. If they reasonably should have known that they had herpes, they can be liable for transmitting it.3
Example: Paul has unprotected intercourse with numerous people. He develops the symptoms of herpes, but does not see a doctor or get a diagnosis. He then has unprotected intercourse with Kathy and she gets herpes.
This applies to transmitters who know they are infected but lie about it. These transmitters may also face criminal liability. They could be charged with the crime of willful exposure to an STD. They could be fined and go to jail, in addition to getting sued by the victim they exposed.
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Can Genital Herpes Harm Babies Either During Or After Pregnancy
Having genital herpes does not affect your ability to have a baby. Overall, the incidence of neonatal herpes is very rare. However, when it does occur it is potentially very harmful to the baby. It is therefore important to tell your doctor or midwife if you or your partner have had a history of genital herpes. They will then be able to provide information, reassurance and optimal management.
Recurrent episodes of genital herpes during pregnancy are not harmful to the foetus. If you have genital herpes at the time when your baby is due, there is a small risk that the baby could become infected at delivery as it passes down the birth canal. This risk is most substantial for mothers who are having their first ever episode of genital herpes near to or during delivery. However, if you are simply having a recurrence of genital herpes, then the chances of your baby becoming infected with herpes at delivery are low as the baby is protected by antibodies circulating in the mothers blood.
Are You More Likely To Contract Hsv Through Oral Or Penetrative Sex
It depends.
Penetration using a sex toy can also cause genital herpes, which is why experts usually advise against sharing toys.
You probably wont know youve contracted herpes until you have an outbreak, which is the case for most people who have it.
HSV-1 can be asymptomatic or cause very mild symptoms that can be easy to miss.
An outbreak can cause cold sores or blisters in and around your mouth. Some people notice tingling, burning, or itching in the area before sores appear.
If you contract genital herpes caused by HSV-1, you may develop one or more sores or blisters in your genital or area.
Genital herpes caused by HSV-2 can also be asymptomatic or cause mild symptoms that you may not notice. If you do develop symptoms, the first outbreak is often more severe than subsequent outbreaks.
You may experience:
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There Is More Than One Type Of Herpes Infection
There are two types of herpes simplex infection: herpes simplex virus type 1 and herpes simplex virus type 2 . Cold sores around the mouth are generally caused by HSV-1. Most cases of genital herpes are caused by HSV-2. Cold sores on the mouth can cause genital infection during oral sex for people who do not already carry the cold sore virus. There are many other viruses that are also in the herpes virus family, however the infection and symptoms are different. One example is varicella zoster virus which causes chickenpox and shingles.
Herpes Diagnosis In A Newborn Baby
Diagnosing herpes in children is complicated. Children aren’t screened for the infection. In other words, only symptoms should alert the parent that all is not okay. It should prompt a diagnosis that could be done with a swab sample. Nevertheless, a complicated herpes infection calls for specific tests like a lumbar puncture.
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How Likely Is It That I Now Have Genital Herpes Too
That depends on several things, including whether you and your partner always use a condom and how long you’ve been sexually intimate with each other.
If you’ve had sex only once or twice, and if you used a condom each time, the risk is lower than if you’ve had unprotected sex for a long time. But you could have been infected during any one encounter.
Even if you’ve never seen herpes sores on your partner’s genitals or your own, you still might have it. The symptoms of genital herpes are often subtle are easy to mistake for something else, like bug bites, pimples, razor burn, or hemorrhoids. Also, the virus can be contagious even when there are no symptoms.
How Does Kissing Transmit Hsv
Oral herpes is mainly transmitted by skin-to-skin contact with someone who carries the virus. You can get it from contact with cold sores, saliva, or the surfaces in and around the mouth.
Fun fact: Around 90 percent of American adults are exposed to HSV-1 by the age of 50. Most contract it during childhood, usually from a kiss from a relative or friend.
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Are Any Other Treatments Effective Against Genital Herpes
The antiviral drug Aciclovir was the first therapy which had been shown conclusively to be effective in treating genital herpes. New antiviral drugs have become available which work in a similar way to Aciclovir, are more effective and require less frequent dosing to treat or suppress the recurrence.
These are not available in New Zealand. Recent studies using an HSV-2 vaccine are showing some promise in both the prevention and transmission of HSV-2. However, these are still in the developmental research stage and will not be available commercially for some years.
Many people find that having a healthy diet, eating regularly and getting enough sleep are helpful in preventing recurrences.
Could My Partner Have Picked Up Genital Herpes From A Toilet Seat Or Hot Tub
It’s very rare, if not impossible, to get genital herpes any other way than by sexual contact. The CDCs website puts it this way: You will not get herpes from toilet seats, bedding, or swimming pools, or from touching objects around you such as silverware, soap, or towels.
Keep in mind that many people have genital herpes for years or even decades without knowing it. When they are diagnosed, their monogamous partners often assume they were unfaithful, which may not be true. It could be something they got a long time ago. A blood test wont tell you when you got herpes or who you got it from.
The New England Journal of Medicine: “Herpes Simplex Virus Type 2 in the United States, 1976 to 1994.”
American Sexual Health Association, National Herpes Resource Center.
National Institute of Allergy and Infectious Diseases : “Genital Herpes.”
MedlinePlus Medical Encyclopedia: “Herpes genital .”
CDC: “Sexually Transmitted Diseases Treatment Guidelines 2002.”
WebMD Medical News: “Herpes Virus Linked to Cervical Cancer.”
Terri Warren, RN, Westover Heights Clinic.
Warren, T., and Warren, R., The Updated Herpes Handbook, Portland Press, 2002.
CDC: Genital Herpes — CDC Fact Sheet.
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Symptoms Of A Primary Hsv Infection
For some people infected with HSV, the first infection can cause symptoms. These can include:
- pain inside the mouth and on the gums
- swollen neck glands.
The symptoms can last up to 14 days and may cause dehydration, especially in young children, because it is painful to swallow. Primary infections are more likely to be severe in newborn babies, people with atopic dermatitis and in people whose immune system is suppressed.
How Do People Get Herpes
Herpes is transmitted through human-to-human contact, usually through kissing or sex. As long as there is skin contact, a person with herpes can infect another person, even when they are not exhibiting any symptoms.
Both HSV-1 and HSV-2 are notorious for lying dormant in nerve cells, where they can remain inactive for some time.
When the virus becomes active, it replicates and becomes transmittable through saliva and other body secretions. This process is called viral shedding. During this period, you may or may not experience symptoms.
Once a person becomes infected with the herpes simplex virus, the virus never leaves the body. As a result, the HSV infection may recur from time to time.
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Who Might Get Herpes Simplex
People of any age can contract herpes simplex. You are more likely to get the virus if you:
- Were assigned female at birth.
- Have had multiple sex partners.
- Started having sex at a young age.
- Have a history of any sexually transmitted infection .
- Have a weakened immune system.
- Dont use condoms for intercourse and dental dams for oral sex.
Who gets HSV-1, commonly known as oral herpes?
Anyone can get HSV-1. Most people contract HSV-1 during childhood. It spreads when an adult who has the virus has close contact with a child, such as when a family member kisses a child.
Who gets HSV-2, commonly known as genital herpes?
Genital herpes affects sexually active teens and adults of all genders and races. It can spread if you have multiple sexual partners and dont use condoms or dental dams.
People assigned female at birth are more at risk. Delicate vaginal tissue can tear, making it easier for the infection to get in. Black people who were AFAB are especially vulnerable, with an estimated 1 in 2 people AFAB between the ages of 14 and 49 infected with HSV-2.
How Do You Get Herpes
The skin on your genitals, mouth, and eyes can be infected easily. Other areas of skin may get infected if theres a way for the herpes virus to get in, like through a cut, burn, rash, or other sores. You dont have to have sex to get herpes. Sometimes herpes can be passed in non-sexual ways, like if a parent with a cold sore gives you a peck on the lips. Most people with oral herpes got it when they were kids. A mother can pass genital herpes to a baby during vaginal childbirth, but thats pretty rare.
You can spread herpes to other parts of your body if you touch a herpes sore and then touch your mouth, genitals, or eyes without washing your hands first. You can also pass herpes to someone else this way.
Herpes is most contagious when sores are open and wet, because fluid from herpes blisters easily spreads the virus. But herpes can also shed and get passed to others when there are no sores and your skin looks totally normal.
Most people get herpes from someone who doesnt have any sores. It may live in your body for years without causing any symptoms, so its really hard to know for sure when and how you got it. Thats why so many people have herpes its a pretty sneaky infection.
Because the virus dies quickly outside the body, you cant get herpes from hugging, holding hands, coughing, sneezing, or sitting on toilet seats.
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What Is The Risk Of Transmission Between Recurrences
Studies have shown that virus may sometimes be found on an infected area, even when there are no visible symptoms. This is called asymptomatic shedding. If enough virus is present when direct skin contact takes place, a partner may become infected.
The fewer recurrences a person has, the less chance there is of asymptomatic shedding.
Asymptomatic shedding tends to decline with time. It may happen during the first year and is much less likely after that. The virus most often transmitted during the first months of a new relationship. But partners can be together for years without the virus passing from one to the other. Studies have shown that a majority of people catch it from someone who does not know that he or she has got this virus. Asymptomatic shedding is something that people find difficult to understand there is a lot more detail in the transmission leaflet you can choose when you join .
How Dangerous Is Genital Herpes
Many people who have genital herpes dont know it and dont have symptoms. But sometimes, there can be serious complications.
If your partner is pregnant or trying to get pregnant, genital herpes is a major concern. This is because the virus that causes herpes can pass to the baby, which can be very dangerous. The womans doctor needs to know about it.
Genital herpes is also more serious for people with HIV and other conditions that weaken the immune system.
For some people, depression can be a risk if they have problems adjusting to their symptoms or the impact on their sex life.
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Discussing Genital Herpes With Your Partner
Many people do not feel comfortable talking about sexuality and sexual health issues. This information will explore ways of feeling more confident in discussing herpes in the context of a sexual relationship.
Cold sores on the mouth and genital herpes are medically the same conditions. The significant difference arises from the stigma that tends to accompany a herpes infection that is sexually transmitted.
Most people find that their partners are both supportive and understanding. It is a common assumption to initially think that a person may base their judgement of you on the fact you have genital herpes. However, for most this is a minor skin infection. People fear the possibility of rejection but the reality of this is that it rarely happens.
Because fear of rejection is a concern, it leads some to question why they should risk talking about herpes. Accordingly, some people choose not to tell. Instead, they abstain during herpes outbreaks, practice safe sex at other times, and hope for the best.
This strategy may have more disadvantages than advantages. First of all, you spend a lot of time and energy worrying that your partner is going to get herpes. Its much harder to tell someone if they just found out theyre infected with herpes. For most people, the anxiety over not telling your partner you have herpes is worse than the telling itself.
If you are able to discuss the situation openly and honestly, you can find imaginative ways to be safely sexually intimate.
What If You And Your Partner Already Have Oral Herpes
We hope you get the idea by now: Yes, you can still get genital herpes.
Even if you already have either strain in either location, you can still receive either strain in the other location.
- If you have HSV-1 on your mouth, your partner can still give you HSV-2 on your genitals.
- If you have HSV-1 on your genitals, your partner can still give you HSV-2 on your mouth.
- If you have HSV-1 on your mouth, your partner can still give you HSV-1 on your genitals.
- If you have HSV-1 on your genitals, your partner can still give you HSV-1 on your mouth.
Again, were sorry if you didnt need this all spelled out for you, but a lot of people have a lot of questions about herpes, and we just want to give the people what they want. When that means a more informed approach to sexual health, who can be mad?
Should You Even Be That Worried?
With all of the information weve shared today, lets create a fake scenario:
John Does aunt kisses him on the mouth when he is a tiny baby, but she has a cold sore. Her cold sore was caused by HSV-1. John Doe lives his life and grows into a man, unaware that the herpes simplex virus type-1 is living asymptomatically within his DNA. John Doe meets a lovely lady named Jane Doe and he goes down on her. The HSV-1 is spread to Jane Does genitals, and she accuses John Doe of being a cheater and she leaves him. John Doe is confused, Jane Doe is confused, and this whole situation could have been solved if they had just both read this blog post!
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