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.
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Can You Sue For Getting Herpes
ItÃ¢s pretty much the last thing youÃ¢d want to hear: you have herpes. But how? What happened? When? And, most importantly, who gave it to you?
According to the Centers for Disease Control, around one in six people between the ages of 14 and 49 have genital herpes, most of whom have no outwards symptoms of the disease. So did the person you contracted herpes from even know they were infected? And could that matter in a lawsuit?
Even if a sexual partner didnÃ¢t know he or she was infected with herpes at the time they gave it to you, you may still have a case for negligence. Negligence claims are premised on the fact that a person owed you of duty of care, breached that duty, and that you were injured as a result.
Courts have often recognized that sexual partners have a duty not to spread infection carelessly. If a former sexual partner knew or should have known he or she might have herpes, the failure to obtain diagnosis and/or treatment, the failure to inform you, and the failure to prevent transmission through abstention or use of prophylactics can amount to a lack of due care, making the person liable for negligence.
If a sexual partner lied to you about their STD status, you may also have a claim for fraud or misrepresentation. Fraud claims have three main elements:
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What Are Specific Causes Of Action
Many states recognize wrongful infection or transmission of an STD as its own cause of action. Additionally, while there are no federal laws that require a person to disclose they have an STD, there are state laws regarding telling sexual partners if you have certain STDs, such as HIV/AIDS or herpes.
For example, in California, itâs considered a felony for an individual who is HIV-positive to engage in unprotected sex, fail to tell their partner about their status, or engage in sex with the intent to infect their partner. If found guilty, the person can face up to eight years in prison.
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Getting or transmitting a sexually transmitted disease is not only a health matter it could be a legal matter, too. Though laws vary greatly from state to state, most states have laws regarding the disclosure of health status, the transmission of STDs, and the handling of confidential medical information. Read on to find out more.
You may face criminal charges for passing an STD to someone else.
Compared to a civil case, a successful criminal case requires more substantial evidence. In many states, punishments include jail time and high fines.
You may face civil charges for passing an STD to someone else.
Related: Can you get sued for an STD?
Even if you used protection, you can be sued.
Is It Illegal To Not Tell Someone You Have Herpes
No, it is not illegal to not tell someone you have herpes. However, if you are in an intimate relationship with someone, it is best to let your partner know that you have an STD. This will allow you both to take precautions to minimize the spread of the STD.
It is also unlikely that you would win a case if you sued someone for infecting you with herpes. Oral herpes is often transmitted through non-sexual contact. Many people who are infected do not even know they have the disease. Unlike many other states, Arizona does not have specific laws that criminalize the spreading of an STD. While there have beensome attempts to make it a crime, as of 2020, the action was still not criminalized.
While you are not legally required to let people know you have herpes, it may be possible that you could get in legal trouble for speeding the disease in certain circumstances. InArizona, it is amisdemeanor offense to knowingly expose someone else to a contagious disease or infection in a public place. This means that you have to knowingly expose others and it has to be in a public place. This is unlikely to be the case for herpes, where most transmissions of the disease occur in a private setting.
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Sexual Assault/negligent Transmission Of Std Lawsuits
In 2017, the Center for Disease Control ranked Georgia in the top five states in the U.S. for sexually-transmitted diseases. This may not be a proud moment for Georgia, but it should be an eye-opener that these diseases are prevalent in our state. Many STDs are treatable, or at least containable. Those with STDs have a responsibility to protect others from exposure. If they knowingly expose another person to an STD, they may face criminal charges for sexual assault and civil action with a negligent transmission of STD lawsuit.
Herpes, HIV, hepatitis and other serious STDs can alter your life. Not only are there health concerns, STDs can impact the ability to have children and personal relationships. Some STDs are not curable, meaning those with the disease may need to live with the side effects and stigma for the rest of their life. When a person exposes you to an STD knowingly or on purpose, you may have grounds for a civil lawsuit for emotional, physical and financial damages.
Dangers/issues With Filing A Lawsuit By Yourself
The downside of suing someone for giving you herpes by yourself is that it is easy to make mistakes. As mentioned above, there are many legal steps to filing a lawsuit, and each step needs to be done in proper order.
Additionally, each step requires paperwork that needs to be filed promptly. If you fill out the wrong forms or make an error, you will not be refunded for filing fees. You will also need to do the work again, including paying more fees. This can not only cost a lot of money, but it can make it seem like you do not have much of a case.
If the person you are accusing has professional help, they might be able to throw the case out entirely rather than wait for you to fix any errors.
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What Damages Can A Fort Walton Beach Personal Injury Attorney Demand In A Case Like This
Its odd to consider the damages that would be involved in a case like this. What sort of damages would someone demand from someone who gave them an STD? Certainly, the cost of any tests or medical treatments would be part of your claim. What other types of damages may be involved?
Most lawsuits involving the transmission of STD are for battery. Although you can file a suit for negligence, these arent all that common. The damages associated with a battery for transmission of an STD include:
- Pain and suffering
If the STD ends up causing infertility, your damages will be quite high. You will have to show that you did everything you could to mitigate damages. So, once you learn you have an STD, you have to get treatment. If you let it go, you may end up having your claim dismissed.
Contact An Austin Tx Personal Injury Lawyer Today
You are the only person in charge of your own body and as such, you need to protect yourself. You likely would not have agreed to have sex with your partner if you knew he or she had an STD.
While you cannot turn back time, you can hold your partner liable for the damages he or she caused. Dealing with an STD, particularly an incurable one, is no laughing matter. The Austin, TX personal injury lawyers at Scott M. Brown & Associates can help you prove negligence and obtain the compensation you deserve. To schedule a consultation, call us at 612-7994 or fill out the online form.
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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.
Its Illegal To Knowingly Try To Harm Another Person
When adults engage in consensual sex, its rarely the governments concern. However, things can get complicated when one of those consenting adults fails to tell the other that they have a disease that could be transmitted when they have sex. In Ohio, this could be considered a crime under the states assault laws.
Assault, as defined under Ohio Rev. Code Section 2903.13, occurs when a person knowingly causes or attempts to cause physical harm to another.
Could this apply to the act of having unprotected sex when you have herpes or another STD? Yes. However, you would have to:
- Know that you have a sexually-transmitted disease, and
- Engage in sex without warning or telling your partner.
Does knowingly mean that you intentionally tried to give someone else herpes? Not necessarily. Knowingly means that you knew that you could transmit the disease and cause harm, but had sex without disclosing that risk, anyway.
Does it matter whether or not your partner contracts an STD after you have sex? No. Assault involves causing physical harm or attempting to cause physical harm. The act of having unprotected sex and failing to disclose the possibility of transmitting an STD could be enough to be considered an attempt to cause physical harm.
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After A Herpes Diagnosis: Legal Issues
A positive herpes test, like a positive test for any STD, is very frustrating and stressful.
- Herpes is not curable. Once you have it, you have it for life
- The perceived stigma of having it, along with a lot of misconceptions, stress people even more
When they find out about their positive test, people usually scrutinize their current or recent relationship and blame their partner.
The most common reason for a herpes-related lawsuit is not discussing the issue with a partner: withholding the truth.
Since weâve been dealing with STDs for decades, weâve served as medical expert witnesses in court.
This article is a doctorâs perspective on certain legal issues. It is not legal advice, and we encourage you to contact an attorney if you need legal advice.
Can You Sue Someone For Giving You An Std In Florida
Yes, even though Florida has a law for Criminal HIV transmission, you can sue someone for giving you an STD in a civil process. The merits will be determined case by case. Primarily, you will have to show that the person knew or should have reasonably known they had the infection and did not tell you, this can be proven by their medical records or their own utterances.
You will also have to show that indeed it was the person who infected you and that you didnt know they had the STD before the sexual encounter. Depending on whether you make a claim of negligence, sexual battery or fraud, the judge and jury will scrutinize the facts and make a determination.
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Florida Laws Regarding Unlawful Sexual Intercourse With Std
Florida Statute Â§384.24 states that it is unlawful for someone who has genital herpes simplex to have sexual intercourse with another person if:
- The infected person knows they have the disease
- The infected person was informed that they could transfer the disease to another person through sexual intercourse and
- The other person was not informed of the STD and did not consent to sexual intercourse after being told of the STD.
The other person does not need to contract herpes for an infected person to be guilty of the crime. If the infected person knowingly had sexual intercourse without obtaining informed consent, they could be charged with a first-degree misdemeanor. The punishment may include up to a $1,000 fine and one year in jail.
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What Are The Penalties For Transmitting An Std
A person convicted of intentionally transmitting an STI or STD can face several criminal penalties, including severe penalties. Depending on the state laws, the crime is categorized as either a misdemeanor offense or a felony .
Regardless of the states in the U.S, getting convicted for intentional transmission of an STD can make the offender face the following types of penalties:
A person convicted of transmitting an STI and STD may be fined up to $1,000. However, state differences are extreme, and the fine can go up to $5,000 in states like New York.
Prison or Jail
A misdemeanor conviction for infecting a person with a sexually transmitted disease may attract a sentence of up to 1-year in jail. However, a conviction that involves a felony can have a max penalty of a year or more in prison.
The potential prison sentences for this crime can differ largely entirely depending on the STD laws of the state.
In addition to fines and sentences to jail or prison, the court can also sentence an individual convicted of unlawful or intentional transmission of STD to a probation term. The duration of the probation term can last 1-3 years. However, longer terms are also possible in some cases.
Those sentenced with a probation term must comply with the probation conditions imposed by the court of law. The conditions can differ between cases, but most may include reporting to the assigned probation officer for the particular case and paying all the fines.
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What You Can Do
If you have been infected with a sexually-transmitted infection causing long-term or permanent injuries, and believe it was done by someone who had knowledge they were infected, you may have a legal claim to recover for your injuries. Please contact our office. We will provide a confidential consultation to discuss your situation, your health, your long-term options and whether a civil lawsuit would be appropriate for you. Our qualified attorneys will evaluate your case and explain your rights and options. We value the privacy and interests of our clients and promise to treat you with the utmost care, attention and respect. Please contact us to learn more about your legal rights.
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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.
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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.