Saturday, April 13, 2024

Can You Sue Someone For Knowingly Giving You Herpes

Are You Legally Required To Tell Someone If You Have An Std Like Herpes

Can You Sue Someone for Giving You Herpes?

Rosenbaum & Rosenbaum, P.C. | August 31, 2021 | Personal Injury

Herpes and other STDs can have a significant impact on your life. However, they can also impact the lives of your sexual partners. If you have an STD, you may wonder whether youre required to let someone know about your condition.

You dont need to tell everyone about your STD. However, New York law requires you to disclose this information to a sexual partner before engaging in sexual acts that can result in the transmission of an STD.

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.

Criminal court

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 .

Civil court

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.

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.

You May Like: What Does Herpes Look Like On Buttocks

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.

What Is An Std

Sue someone you met on eHarmony for giving you herpes

As the name implies, a sexually transmitted disease is one passed on exclusively or primarily through sexual relations. Many people believe STD is synonymous with sexually transmitted infections, but this is not the case. While all STIs can lead to STDs, not all STDs begin with infections. Even so, you will often come across the term STI used in place of STD. Doctors and public health officials hope a relatively new term will carry fewer negative connotations, compared to venereal disease and STDs.

Despite the advances in medicine, some STIs are incurable, and herpes is one such example. Subsequently, infected persons will need to make lifestyle changes and take on medical expenses to tackle the disease for the rest of their lives. Next to HIV/AIDS, herpes is one of the most common STIs that lead to personal injury claims. Therefore, it is not uncommon to wonder if you can sue someone for giving you herpes.

Recommended Reading: How To Get Tested For Oral Herpes

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.

Is There A Law Around Transmission Of Stds And Can You Sue Someone For Not Telling You They Have An Std

Yes, there are laws around STDs that let you file a lawsuit against the person you have contracted the disease from. Criminal transmission of any STD, especially HIV, is considered a crime, and the defendant may face severe penalties and even prison for transmitting the disease.

For example, if your sexual partner knows that they have an STD and then knowingly indulged in sexual contact with you, with or without an ill intent to transfer the disease, you can sue them for not disclosing their STD status beforehand, making sexual contact.

Don’t Miss: How To Not Catch Genital Herpes

The Consequences Of Failing To Inform Your Partner

The consequences of failing to inform your partner can be twofold:

  • Civil Lawsuit: Suing someone for giving you HPV or other STDs typically falls under a civil lawsuit. While penalties vary depending on state laws, non-criminal suits can generally be levied against an individual for not informing their partner of having an STD. Civil lawsuits aim to seek compensation due to damages from contracting the STD.
  • Criminal Charges: Depending on the state, criminal charges can result from failing to inform your partner of serious sexual diseases, like HIV or AIDS. California, for example, considers failing to inform your partner about your HIV status a felony.
  • Having Sex Without Disclosing That You Have Hiv Is A Felony

    San Antonio woman accuses R. Kelly of sexual battery, giving her herpes

    If you have sex without telling your partner that you have HIV, you could potentially face charges for aggravated assault, assault with a dangerous weapon, or even attempted murder. These are all felony offenses. If convicted, you can face multiple years behind bars and be required to pay substantial fines.

    Aggravated Assault and Assault With a Deadly Weapon: Can be charged as a fourth-degree felony or third-degree felony .

    Attempted Murder: Can be charged as a first-degree felony, which carries a sentence of between three and 11 years in prison.

    Recommended Reading: Why Do I Get So Many Herpes Outbreaks

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

    Can You Sue Your Partner For Giving You Herpes

    Answer Wiki. Yes you could sue your partner if you can prove the person was willfully negligent or knowingly infected you without telling you they were infected. There is a slight double standard for genital vs oral herpes. If it were Herpes type 2 or genital warts, people have taken those cases to court and won.

    S To Take For Building Your Claim

    Filing a claim after contracting an STD such as herpes can be complicated, but there are a few steps you can take to increase your chances of a successful outcome:

    • Get an STD screeningAn STD screening may be able to help determine who infected you with the disease. You can get screened at a walk-in clinic or at a local family health physician.
    • Prove your partner knew of his or her infectionOur legal team can investigate your partner to determine if he or she was aware of the infection and knowingly exposed you to the virus.

    Taking these steps not only helps build a strong claim for compensation, but it also can help prevent or reduce the chance of the disease spreading to other people.

    Don’t Miss: How Often Can You Get Herpes Outbreak

    Can My Partner Be Found Guilty Of Negligence

    For wrongful infection of an STD based on negligence, it must be shown that the defendant failed to act as a âreasonable personâ would have under the same or similar circumstances.Examples of this could include failing to inform a sexual partner about having genital herpes before engaging in sexual intercourse when the defendant knew or should have known they had an STD.

    Not disclosing an STD can be considered tantamount to unconsented sex.

    Negligence does not require malice or ill intent. A person can still be negligent even though they used protection like a condom. They can still be liable for damages if they infect you with an STD that they failed to disclose to you.

    If you have evidence linking your sexual partner to your STD, you may be able to file a civil lawsuit against them in order to seek compensation for medical costs and pain and suffering.Accordingly, if you have been injured by someone who knowingly or negligently transmitted an STD to you, you may be able to file a lawsuit against them.

    Many negligent infection cases fall within the tort of battery by the defendant against the plaintiff. This is because negligent transmission is an actionable tort claim based on contact between two affectionate parties.

    Itâs important to remember that you have a responsibility to both yourself and your partner to inform them of any potential risks before engaging in any sexual activity.

    Its Illegal To Knowingly Try To Harm Another Person

    Can I Sue Someone For Giving Me an STD? â Charlotte Injury Lawyers Blog ...

    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.

    Also Check: How Soon Can I Get Tested For Herpes

    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.

    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.

    Also Check: How To Prevent Genital Herpes Breakouts

    Are You Legally Required To Tell Someone You Have Herpes In Florida

    Mark Roman | February 21, 2022 | Florida LAw

    You may be legally required to tell someone you have herpes under Florida law. However, your legal obligation to tell another person you have herpes depends on several specific factors.

    The consequences of failing to inform a partner that you have herpes include potential criminal charges and a civil lawsuit for damages.

    Dangers/issues With Filing A Lawsuit By Yourself

    R. Kelly Prosecutors Allege He Knowingly Inflicted Victims With Herpes

    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.

    Recommended Reading: How To Manage Genital Herpes

    Can You Sue Someone For Not Disclosing Hiv

    In certain circumstances, they may be able to sue you even if they do not become infected with HIV if you do not tell them. You may also be charged with a crime if it is proven that you intended to harm someone else. Crimes such as attempted murder can be used to punish people who knowingly infect others with HIV.

    Dont Miss: How Long Does Hiv Last

    Can I Sue My Sexual Partner For Giving Me An Std

    Sexual contact is a very intimate act between two people. A person will likely share their life and secrets with the person they choose to have sex with. When a sexual partner has a sexually transmitted disease , it can have a lasting and permanent effect on the people involved.

    If you have been infected with a sexually transmitted disease , by your sexual partner, you may be able to sue your partner for damages. In some cases, you may be able to sue for the costs of medical treatment, pain and suffering, and potentially be awarded punitive damages.

    Many states have restrictions on when you can file a lawsuit against your partner .

    If you have been diagnosed with an STD, it is important to know your legal options for pursuing compensation from those who either gave you the STD or exposed you to the disease.

    In order to win a lawsuit against someone for giving you herpes, chlamydia, genital warts, HIV/AIDS, or another sexually transmitted disease, you need evidence linking catching the disease to the person who gave it to you.

    This means being tested by a doctor or health clinic after being diagnosed with an STD, and getting the results of the test to use as evidence against your partner if you decide to sue them.

    Also Check: What Medicine Prevents The Spread Of Herpes

    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.

    Date: December 19th 2017

    Getting a sexually transmitted disease is not just a health concern, it could be a legal matter as well. The laws regarding STDs vary from state to state. Most of the states consider the transmission of STDs as an offense, meaning you can sue someone for giving you an STD.

    One woman in Oregon had sued a previous sexual partner for transmitting an STD and won $900,000. In another case, a woman had sued her former partner for giving her an HPV, and was awarded $1.5 million. Yet another woman, was awarded $52 million in a settlement after she claimed that her former partner had given her Chlamydia making her infertile.

    In this article, well take a closer look at the legal aspect how you can sue someone for giving you an STD, and how you can avoid being prosecuted in case you are suffering from a sexual disease.

    Read Also: How Can I Get Genital Herpes

    Recommended Reading: How To Live With Herpes 2

    It Is Illegal To Have Sexual Relations In New York Without First Disclosing That You Have An Std

    Under New York law, ny person who, knowing himself or herself to be infected with an infectious venereal disease, has sexual intercourse with another shall be guilty of a misdemeanor.

    The wording of the law is somewhat confusing. It often applies to cases where a person with an STD has sex with someone else without telling them about their illness. For example, the law might not apply to a couple that both have HIV and engage in consensual sexual relations.

    Cases in which someone knowingly infects another with an STD are unique in New York. They may qualify as both criminal cases and tort cases.

    Can I Sue Someone For Giving Me Herpes

    Posted on July 8, 2021

    You can sue someone for giving you herpes. The legal mechanism for this would be to bring a personal injury lawsuit. If the transmission came from nonconsensual sex, it can be a civil battery. It can be a negligence claim if the infected person lied about having an STD or should have known about the infection but did not use due care to avoid transmitting it.

    All of these lawsuits would seek financial compensation. The compensation would be to cover the losses associated with the victims disease such as medical bills, lost wages and pain and suffering. A lawsuit can also hold the person who infected you accountable for his or her actions.

    You May Like: Does Herpes Make Your Immune System Weak

    Popular Articles
    Related news