Tuesday, September 27, 2022

Can You Sue Someone For Herpes

What If The Sex Was Not Consensual

Can You Sue Someone for Giving You Herpes?

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:

  • the defendant touched you with the intent to harm,
  • you did not consent to the contact, and
  • you were harmed by the defendants conduct.4
  • 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.

    Are There Related Criminal Offenses

    There are several criminal offenses related to intentionally or willfully spreading an STD. They are:

    Do You Legally Have To Tell Someone You Have Herpes

    Brian White | November 5, 2020 | Texas Laws

    Sexually transmitted diseases exist. And, they can be easily transferred from one person to another. This often happens accidentally. But what happens if a partner knows that he or she is infected and has sex with another person without telling that person about the infection?

    If this happens in Texas, that person could go to jail and face a civil lawsuit. Contracting an STD causes emotional turmoil and physical injury. Some STDs are curable, some are not.

    Herpes is not deadly, but it is incurable. Herpes can also make it easier for a person to contract HIV/Aids through open sores. The results can be devastating for a person contracting the disease.

    Because the consequences can be high, it is important to understand the duty to warn a partner and what to do if you are a victim. There are medical and legal consequences for both.

    Also Check: How Long Does Herpes Take To Show

    Q: Isn’t My Reputation At Stake

    A:At KMD Law, our attorneys take your privacy seriously. Unlike criminal courts, we do not need to prove guilt in a civil case, and we may be able to settle your claim without having to go to court. In cases where a lawsuit is necessary, well do everything possible to keep your name out of the press. We prioritize discretion and attorney-client privilege when fighting for your rights and best interests.

    Q: I Contracted An Std What Are My Legal Options

    Can you sue someone for giving you herpes. Can you sue ...

    A:It is illegal for a sexual partner to knowingly and willfully fail to disclose that they have a sexually transmitted disease or a sexually transmitted infection . Doing so may result in both criminal charges and civil penalties. A failure to disclose an STD is most often reckless and negligent, just like the at-fault party in a car accident or the manufacturer of a dangerous product. Those who have an STD have a duty to disclose that information with sexual partners. If you contracted an STD or STI from a negligent partner, you may have grounds to file a lawsuit to recover compensation for your medical bills as well as your emotional suffering. A wrongdoer can be found negligent for the transmission of an STD if the failed to disclose the fact if they knew, or should have known of their status!

    Read Also: How To Get Rid Of Herpes Inside The Mouth

    Woman Gets $67 Million In Herpes Lawsuit

    A California court upholds a $6.75M award to a woman infected with herpes.

    Possible Oral Sex Cancer Risk

    March 17, 2011 — A California court rejected millionaire Thomas Redmond’s appeal on Monday, upholding a jury’s earlier verdict that he is responsible for $6.75 million in damages for infecting his ex-girlfriend, Patricia Behr, with herpes. The award will cover physical and mental suffering, as well as past and future medical expenses.

    “It does not strike me as an outlandish amount,” said Steve Sugarman, a law professor at the University of California, Berkeley. “As I understand it genital herpes is a lifetime bad-news kind of deal to have.”

    Before they had sex for the first time, Behr told Redmond that she “was free of disease,” according to court documents. In response, Redmond said he was also “healthy.”

    Redmond first learned he had herpes in 1975.

    While Redmond, then 71, did not tell Behr he had herpes, he did tell her that he had a penile implant because of prostate cancer. He would not tell her he had a sexually transmitted disease until more than four months later, well after they had already had unprotected sex several times.

    “I’ve had it for a long time, 30 years,” Redmond, according to Behr, told her one evening. “And I think I’m having an outbreak so we can’t have sex.” They did not have sex that night, but the next day, Redmond said he was wrong about having an outbreak and that it was “okay” to have sex.

    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!

    Lawyers are standing by

    FLORIDA ONLY: RequestLegalHelp is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, RequestLegalHelp is a group advertisement and not a lawyer referral service. for more information.

    If you live in Hawaii, Mississippi, Missouri, or Wyoming, please for additional information.

    You May Like: Can You Get Hiv From Herpes 2

    Things To Think About

    If you know you are infected with an STD, you should talk to your partner about your diagnosis before having sex. Thats true both because its the right thing to do and because it may protect you from criminal prosecution for failure to disclose that STD. Laws on the topic vary from jurisdiction to jurisdiction. However, its a relatively simple matter to keep yourself safe from prosecution in most states. All you have to do is disclose any infections to your partner before having sex practice safer sex and otherwise behave like a responsible, conscientious, and caring adult.

    Hopefully, youre doing all of those things anyway. It may be scary to discuss STD risks with a romantic partner. Some people may not be able to handle it. Still, its far better to give them an honest choice before things begin. People with STDs can and do find love, but its a lot harder to keep that love when the relationship starts off with a lie. Furthermore, not having an official diagnosis of your infection may be a legal excuse. In the end, though, it does nothing to protect you against partner blame even when it seems like it should.

    Having The Awkward Conversation

    can you sue someone for giving you hsv 1

    There are two approaches to talking to your partner, according to Pierce.

    The first is being completely open about your STI status from the get-go. For those who are comfortable laying it out on the table, they can add their status to their dating profiles. The reason behind this approach, explained Pierce, is that you have a lower chance of getting your feelings hurt.

    Its not as big of a rejection and it doesnt compromise my feelings because at that point its brand new. I dont know the person very well anyway, so its no big deal if they decide that they dont want to go ahead and date me.

    The second approach is more discreet. Just like any relationship that grows organically, some private matters like revealing your STI, are not discussed until trust is gained.

    Of course, you need to disclose before there is any sexual contact.

    The idea behind that is that nobody actually puts everything out there on the table when they start dating. Thats kind of the whole dating process, its learning about somebody as you go, Pierce said.

    It really depends on who you are, there is no right or wrong way to do it, she added.

    Once youve figured out the timing, you then need to figure out the method.

    Avoid finding yourself in the heat of the moment. Find a private and quiet place to have the conversation, and approach it in a practical way, Pierce says. Lay out the facts in a neutral and non-emotional manner, because you dont want to influence their response.

    Also Check: Can You Get Tested For Herpes Without Symptoms

    Are There Any Legal Defenses

    People accused of transmitting an STD have several legal defenses. They include showing that:

    • transmission of the disease happened through pregnancy,
    • practical measures were taken to prevent transmission,
    • the risks of transmission were low, and
    • the STD was transmitted through an organ, tissue, or breast milk donation.

    Proving that practical measures were taken to prevent STD transmission can be a strong defense. It undercuts the specific intent that the prosecutor has to prove. Those measures can include:

    • using a condom or other prophylactic, or
    • following a prescribed treatment plan to prevent STD transmission.

    Another strong defense is that the risks of transmitting the STD were low. This can work if the STD was passed to someone else without having sexual intercourse.

    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.

    Don’t Miss: How To Tell My Partner I Have Herpes

    How Has The Law Changed Recently

    In 2018, a law went into effect that drastically changed how STD infections were treated.3 That law did several things, including:

    • repealing California HSC 120291, which had made it a felony offense to intentionally transmit HIV,
    • treating STDs the same as transmitting other contagious diseases, and
    • reducing the penalties for knowingly donating blood infected with HIV.

    A Civil Lawsuit Is Also A Possibility

    Can you sue someone for giving you herpes. Can you sue ...

    Not telling a partner that you have an STD and passing that STD on could expose a person to civil liability for assault. An infected partner could sue for personal injuries alleging negligence.

    Negligence is based on a number of elements, all of which must be proven.

    • Duty The question here is whether the infected person has a duty to warn their partner of their infection.
    • Breach of Duty Does the infected person breach their duty in knowingly failing to warn?
    • Direct and Proximate Causation Was the injury to the partner actually caused by the defendants failure to inform the partner? Was it foreseeable to a reasonable person that failing to inform could result in injury?
    • Damages Is there actual and compensable harm to the plaintiff?

    Each of these elements must be proven by a preponderance of the evidence. The burden, while substantial, can be met. Ask your attorney for more information.

    An attorney can help you understand your duty to warn and what may happen if you knowingly fail to do so. Likewise, if you are a victim and believe that a partner knowingly failed to warn, you may have questions. Bring your questions to a trusted attorney.

    For more information, call

    Read Also: How To Reduce Herpes Flare Ups

    Don’t Miss: What Cream Can You Use For Herpes

    How To Sue Someone For Giving You Herpes With Donotpay

    On the other hand, suing someone who gave you herpes using DoNotPay is easy, and it could save you a lot of money.

    Instead of dealing with a real lawyer that wants to charge you a ton of money to file paperwork, you can use our artificial intelligence software to file it for you. Plus, our robot lawyer is easy to use. Follow the steps below to get started with your personal injury case.

  • Log-in to DoNotPay and select the Sue Now product.
  • Enter the dollar amount you are owed for pain and suffering/medical bills.
  • Select whether you want a demand letter or court filing forms.
  • Describe the reason for the lawsuit and submit any applicable details, including proof.
  • Thats all there is to it! DoNotPay will then generate a demand letter or court filing forms just for you. Well even mail a copy of your demand letter to the person you are suing if you want us to.

    Also Check: How To Get Rid Of Oral Herpes Outbreak Fast

    Where Would That Compensation Come From

    In most cases, the transmitter would be held personally liable. This means they would pay the compensation out of their own pocket. Victims in these cases are unlikely to recover full compensation. Most people who transmit herpes cannot afford the costs of a court judgment.

    In some cases, though, the transmitters homeowners insurance will provide coverage. Some homeowners insurance policies have broad liability provisions. These are meant to cover damages that are accidentally inflicted by the policyholder. They could extend to the transmission of an STD, including herpes.

    Recommended Reading: How Often Does Herpes Occur

    Are You Legally Required To Tell Someone You Have Herpes

    Sexually Transmitted Diseases can be spread easily between partners. One of the more common STDs is herpes. If you have herpes, you may be wondering if you have to tell others that you have the disease before engaging in a relationship with them. On the other side, what do you do if someone infected you with herpes without your knowledge? Can you sue them for transmitting the disease to you?

    Is It A Crime

    can you sue over getting herpes

    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:

    • HIV,

    Also Check: How To Cope With Herpes

    Can I Sue A Guy I Dated For Giving Me Herpes

    • Posted on Jan 20, 2014

    Whether you have a viable claim is dependent upon whether he negligently or intentionally gave you herpes. If he knew he had herpes and he slept with you, you may also have a battery claim as well. If you do have a claim, you would be entitled to compensation for all current and future medical bills, as well as compensation for your pain and suffering. In Maryland, there are strict statute of limitations for these claims, so you should contact a local attorney as soon as possible to discuss your options. Best of luck.

    The following information is for general-information purposes only and should not be construed as establishing an attorney-client relationship.

    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

    Can I Sue My Boyfriend For Giving Me A Std

    Can I Sue a boyfriend for giving me Herpes. Generally, most STDs are transmitted between partners as result suing a boyfriend or girlfriend is possible under the law. Before a person initates a lawsuit they should be sure that their boyfriend in question is responsible for the transmission of the disease because he can sue for defamation of character.

    Popular Articles
    Related news