Can You Sue For Herpes

Do I Need An Attorney

If you had sex with someone who knew they were infected with an STD and didnââ¬â¢t tell you about their condition, itââ¬â¢s important to speak with a qualified personal injury attorney to learn more about your legal options.

if you have engaged in unprotected sex with someone and didnât disclose your STD status, itââ¬â¢s a good idea to speak with a criminal defense attorney who is experienced in this area of law in order to learn about your legal options.

Ohio Recognizes The Danger In Not Disclosing Stds

While it might be a misdemeanor to have sex without disclosing that you have herpes or chlamydia, the stakes are a lot higher if you have a more serious disease, like HIV. In fact, Ohio has laws that specifically target this type of behavior.

Under Ohio state law, it is a felony to have sex with another person if:

• You know that you have human immunodeficiency virus , and
• Engage in sexual conduct with another person without disclosing that fact.

It can also be a crime to have sex with any person under the 18 or who is not mentally capable of understanding the risk of engaging in sexual conduct with someone who has HIV.

Is sexual conduct more than sexual intercourse? It can be. In Ohio, sexual conduct means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

Std Laws In Other Countries

International laws do vary somewhat regarding the issue of STD criminalization. In general, however, all nations consider the idea of criminalization of certain STD transmissions very seriously. Depending on the circumstances of the case, the person at fault could be charged with a fine, prison time, or both depending upon the jurisdiction in question.

Many countries recognize the seriousness of the problem and take steps to combat it, although often at different levels of effectiveness. Some countries have implemented strict legislation that prohibits the transmission of STDs through a wide variety of activities.

All over the world, laws that deal specifically with the consequences of transmitting STDs remain controversial.

Recommended Reading: How To Control Herpes Breakouts

The Dangers Of Genital Herpes

Genital herpes may cause painful ulcers that can be severe and persistent in patients. Both HSV-1 and HSV-2 can also cause rare but serious complications such as aseptic meningitis . Development of extragenital lesions may occur during the course of infection.

Many people who contract HSV-2 have concerns about how it will impact their overall health, sex life, and relationships. There is significant mental trauma that comes with a diagnosis of Herpes. Considerable embarrassment, shame, and stigma associated with a herpes diagnosis oftentimes severely interferes with a patients psyche.

Pregnant women face additional dangers from genital herpes, as HSV-2 can be passed on to their baby during childbirth.

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.

You May Like: What To Put On Herpes On Face

Why Would I Want To Sue My Sexual Partner For Giving Me An Std

Since you were not aware at the time that your partner was infected, you may consider taking legal action and suing your former sexual partner who infected you with an STD.

Most people know that it is wrong to knowingly give someone an STD. While the personal reasons for taking a former partner to court varies, some people are motivated to bring a cause of action because:

• It may prevent the infected person from infecting others
• If you can prove fault, you may be entitled to monetary damages
• It prevents the spread of the disease and creates awareness

Domestic Tort Transmission Laws Can Become Complicated

Domestic tort laws foundation comes from old common law principles. So case law is still emerging to help modernize the legal principles. For legal actions to be successful, it takes a superior legal advocate. This expert can analyze and prepare a convincing claim. And the good news is there have been cases in California involving Herpes tort legal actions. Many have been successful. Also, there have been cases that were victorious in some other states.

These cases, in most instances, had unique circumstances and legal issues. But usually, each model does have exceptional circumstances. Hence, an experienced lawyer can define legal matters. So they can often make the case valid under domestic tort law. Most of all, this is what victims need to be triumphant in court.

The basic premise for cases that involve exceptional circumstances and legal concerns include:

But if a person knows or should know they have an STD, they must notify or not have sex. In any event, our law firm will review all the evidence and facts of your case.

Also Check: How To Stop Herpes Outbreak When You Feel It Coming

Can You Sue Someone For Giving You Herpes

The answer is yes. Although laws related to this case vary from one state to another, most states in the US have laws regarding the transmission of STDs, disclosure of health status, as well as the way confidential medical information is being handled.

If for instance, you know that you have herpes or any type of STD, then you have a legal obligation to inform your sex partner about your case before engaging in a sexual intercourse. If you were not able to disclose such information, and your partner was able to contract the disease, then you can be held civilly liable or responsible for that.

Take the California STD Law as an example. The overview of this law has stated that if a person is aware of infecting the partner with herpes or has the knowledge of having such STD and has failed to disclose it to his or her partner can be civilly liable for damages. Thus, suing for knowingly spreading herpes is highly possible.

More Articles

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?

Also Check: Can You Get Rid Of Genital Herpes

You May Like: How To Know If You Have Genital Herpes Without Symptoms

How Can I Defend Myself If Im Arrested For Giving Someone An Std

The state has to prove that youre guilty of a crime. You have the right to defend yourself. A strong defense will make the prosecutors job much more difficult. Defenses that might be appropriate include:

• You didnt know that you had an STD
• You disclosed the fact that you had an STD to your partner
• You didnt engage in any sexual conduct
• Youve been falsely accused.

You can also argue to have evidence in your case excluded if your rights have been violated. Working with an experienced criminal defense lawyer can help you get the best result.

To learn more, call our Dayton criminal defense law firm at or visit our contact us page to send us an email.

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

Recommended Reading: How To Hide Herpes Outbreak

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

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.

Recommended Reading: How To Treat Herpes Virus

Herpes Tort Attorney In California

Contracting herpes can be emotionally stressful. Also, it can be physically discomforting at times during the individuals lifetime. Furthermore, they can have re-occurrences of physical pain continuously. But the emotional issues can persist for a lifetime. Still worse, this can be embarrassing and humiliating. Explaining it to future potential sexual partners is not easy. Simply put, it is something a single victim often struggles with.

Because of this, you may have to limit your ability in sex partners. So even your choice of spouse or friends with benefits becomes limited. Although you can take medications to put the condition into remission, it will never disappear. Hence, it is not a curable condition. Of particular concern, even during periods of remission, there may be symptoms.

Consequences Of Willfully Infecting Another Person With An Std

Willfully infecting another person with an STD is a misdemeanor offense in California.

• Jail Time: Penalties can range from a maximum of 90 days in jail to a maximum of six months in jail, depending on the seriousness of the situation.
• Fines: If convicted, you may also be required to pay criminal fines of up to $1,000.
• Probation: A judge may order you to serve a term of supervised release or probation after a finding of guilt.

If you knowingly or recklessly infect another person with an STD you may also be subject to civil consequences, as well.

Recommended Reading: Rubbing Alcohol On Herpes Sores

What Stds Can You Sue For Everything Explained

If you have some reasons to believe that you got an STD from your sexual partner, it is understandable to wonder whether you can sue them or not. The answer is most likely yes you can file a lawsuit against them for transmitting an STD to you. However, not every type of STD lets you file a lawsuit.

While the STD laws vary from state to state, most states allow the affected person to file a lawsuit against their partner who knowingly transmitted an STD. This article is about the types of STDs you can sue someone for.

You will also find information regarding the states laws on STDs and what type of lawyer you should appoint to get the justice you deserve.

What Damages Could I Recover For A Personal Injury Case Involving Herpes

Because herpes cannot be cured, the damages caused by contracting the STD can be devastating. For the rest of your life, you may have painful breakouts. You also need to inform each new sexual partner that you have herpes.

You may recover economic damages and non-economic damages, including:

• The cost of medical treatment, including prescription medications and over-the-counter medications
• Loss of income if you miss work because of an outbreak or to receive medical care
• The cost of counseling and therapy
• Emotional distress and mental anguish
• Physical pain and suffering

Your attorney may also seek punitive damages. Punitive damages are awarded only in specific circumstances. However, your lawyer will analyze the facts of your case to determine if they support an award of punitive damages.

You May Like: How Long Has Herpes Been Around

Punishment For Transmitting An Std In New York

Indulging in sexual activities while infected is a misdemeanor in New York the person found guilty may face a sentence to jail of one year and a fine of up to $1,000.

In severe cases, such as reckless endangerment, which is a class D felony, the person found guilty may be punished with a sentence to jail for up to 7 years and a fine of up to $5,000.

Spreading Hiv Is A Felony In Ohio

Generally, having sex with an STD and not telling your partner would fall under the category of a misdemeanor. However, if you have HIV or another serious STD that could result in death, you could be charged with a felony.

Ohio Revised Code §2903.11 makes it a felony if you:

• Know that you have HIV AND,
• Engage in sexual conduct with someone without telling that person that you are HIV positive.

You could also be charged with a felony if you are HIV positive and have sex with a minor or anyone who lacks the mental capacity to understand the risks of unprotected sex, even if you tell them you are HIV positive. Sexual conduct covers a wide range of activities, including intercourse, oral sex, and touching any erogenous zone.

The prosecutor may choose to charge you with one or more felonies, including:

• Aggravated assault
• Assault with a deadly weapon
• Attempted murder

The penalties depend on the facts of the case and the specific charge. However, a conviction could result in multiple years in prison, substantial fines, and other penalties.

Read Also: How Do You Get Tested For Herpes Simplex 1

Defenses To Assault Charges Involving Sexually Transmitted Diseases

If you are arrested on assault charges related to giving someone herpes or another STD, the state must prove the legal elements of assault to obtain a guilty verdict. In other words, the state must prove that you:

• Knew that you had herpes or another STD and,
• You had sexual contact with another person without informing that person that you had herpes or another STD.

The state does not need to prove that you intentionally tried to give someone herpes. It is sufficient for the state to prove that you knowingly had sexual contact with another person while you had herpes or another STD. Therefore, if you can prove that you did not know you had herpes at the time you had sex with the alleged victim, the assault charges could be dismissed.

It would not be a defense if the person did not contract herpes. Assault includes the attempt to cause harm to another person. Therefore, knowingly having sex with someone when you have herpes could be enough for an assault conviction.

You may also avoid an assault conviction if you can prove that the person knew you had herpes and consented to have sexual contact with that knowledge. Another defense could be that you were forced to engage in sexual conduct against your will.

Recommended Reading: Can You Donate Blood If You Have Genital Herpes

Meet Nearby People With Herpes

PositiveSingles is the largest online dating and support community for people with herpes. Online since 2001, it has the largest user base among all the STD dating sites and APPs. You will find out there are plenty of people around you.

Join for free now

Thank you Positive Singles for providing me the avenue to meet my life long Soul Mate, the Love of my Life. It has been a wonderful year since we met and I am looking forward to spending the rest of my life with Lisa.

It started as a long distance relationship for 6 months but after that we moved in together. Wishing the same for everyone else searching for their mate.

Recommended Reading: What Medicine Is Prescribed For Genital Herpes