Wednesday, November 23, 2022

Can You Sue Someone For Not Disclosing Herpes

Can I Sue My Partner For Giving Me An Std

Can You Sue Someone for Giving You Herpes?

You are well within your rights to sue and you can always sue your partner for negligence for giving you a Sexually Transmitted Disease . A good medical malpractice attorney in Michigan will tell you Michigan, along with 30 other states, has a specific law that makes it a crime for someone who knows that they are HIV positive or knows that they have AIDS to have a sexual encounter with a partner without first disclosing this information. There are several strategies used in lawsuits brought against wives, husbands, or significant others who knowingly transmitted an STD to a partner.

Reliability And Choosing A Home Test

People who are considering buying a home test may wish to seek advice from a pharmacist on which test is likely to be best for them. The pharmacist may also be able to show them how to collect the sample at home to prevent inaccuracies.

People who are looking for an at-home herpes test should consider the following before making a purchase:

  • Clear information: The company should offer all of the information that a person needs for testing, including clear and complete instructions.
  • Consultations: Some companies offer consultations for people who may wish to discuss their sexual health concerns, particularly if they receive a positive result.
  • Treatment plan: Online providers may suggest further testing or treatment depending on the individuals results and concerns.
  • Certified laboratories: Some companies work with laboratories with

What Are The Penalties For A Conviction

Transmitting an STD, whether willfully or intentionally, is a misdemeanor. The penalties of a conviction include:

  • Up to $1,000 in fines, and/or
  • Up to 6 months in jail.5

Attempted transmission of an STD is also a misdemeanor. However, it comes with lower penalties because the offense was not completed. Convictions carry:

  • Up to $1,000 in fines, and/or
  • Up to 90 days in jail.6

Also Check: Is It Possible To Cure Herpes

Reasons Not To Get A Herpes Test

Should you take a herpes test if you have no symptoms of this STI? Heres what experts advise.

If you think you have genital herpes because you have a sore on or near your genitals, a doctor or nurse can test the sore and diagnose you. But how do you test for herpes if you have no symptoms and are simply worried youve been exposed to the virus? There is a blood test available, but experts disagree about whether its worth the trouble. Here are a few arguments for not bothering with the herpes test.

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Std Transmission And Criminal Liability

Can You Sue Someone for Giving You Herpes?

In some jurisdictions, an individual who intentionally infects someone with a sexually transmitted disease may face criminal charges. The life-altering nature of HIV gave impetus to many such laws, which were often passed without much debate. Criminalizing STD transmission is mostly based on the carriers prior awareness of his/her condition.

However, in many of these cases, theres been no medical diagnosis or visible symptoms of HIV infection. This situation creates a murky area where intent is concerned. Can a party who didnt know he/she was ill be charged for intentionally infecting someone with HIV? These questions are hard to answer, and todays laws are usually written to prevent charges against those who were unaware of their illness.

Conversely, there are many instances where a mentally disturbed person has maliciously and intentionally infected one or more people with HIV. These situations result in battery charges, as well as criminal liability for breaking laws related to the intentional transmission of sexually transmitted diseases. In some instances, a person in this situation can be charged with attempted murder.

Read Also: How Long Does Hiv

Read Also: Can Valtrex Stop The Spread Of Herpes

Spreading Herpes Could Result In Assault Charges In Ohio

Two consenting adults having sex is generally not cause for criminal charges. However, if you have herpes or another STD and fail to inform your partner, you could be charged with assault.

Ohio Revised Code §2903.13 defines assault as knowingly causing or attempting to cause another person physical harm. So, how could having herpes result in an assault charge?

First, you have to know that you have herpes and engage in sex with another person. The law does not require that you intentionally try to give herpes to another person. It only requires that you knowingly have sex with another person.

Knowingly means that you had sex with another person when you knew you had herpes and that you could cause harm to that person by giving them herpes, but you choose to have sex without informing the person of the risk.

It does not matter whether the person caught herpes from having sex with you. An assault charge does not require you to cause physical harm. You can be charged with assault because you attempted to cause physical harm.

Having unprotected sex when you know you have herpes without telling your partner may be sufficient for a jury to find you attempted to cause harm.

What To Expect During An Std Test

Getting an STD test can be a nerve-wracking experience. Its important to know that deciding to get tested is a responsible decision and will help keep you and your partner healthy.

In most cases, an STD test will be done by using urine or blood samples. Gonorrhea, Syphilis, Chlamydia, and HIV are all tested using this form of sample. For some infections, a vaginal, cervical, or urethral swab will provide more accurate results.

Read Also: How To Make Herpes Dormant

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.

Wife Infected With Herpes From Cheating Husband Awarded $249 Million

Protecting Against Herpes

Time and again, courts have decided that if someone is infected, aware of it and is sexually active, that person has a duty to inform a partner. Indeed, in November of 2010, less than two years after Behr’s victory, a Los Angeles court awarded $2.49 million in damages to a woman infected with herpes by an unfaithful husband.

“I think that the juries acknowledged the severity of the STD transmission and what that means — the kind of impact that has on an individual for the rest of his or her life personally and socially,” said David Baron, a partner with Slovak, Baron & Empey LLP, the law firm that represented both Behr and the wife awarded nearly $2.5 million in November.

If it looks as though only the rich and famous are targets for herpes lawsuits, that may be because such cases are rarely settled by insurance companies. As such, victims seeking compensation for medical bills or physical pain from partners who deliberately failed to disclose their diseaes, are likely to end up with nothing unless that partner has deep pockets.

But this is not easy money. Court proceedings for lawsuits like Behr’s can be a grueling process.

“People’s sexual history is dragged out . Opposing counsel is going to scour the playing field to find previous partners ⦠find any other partners that had this disease to raise the specter of doubt,” said Baron.

Despite the embarrassment, the cases send a strong message that staying mum about sexual diseases is a bad and potentially costly decision.

Recommended Reading: Can You Get Lasik If You Have 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.
  • That’s all there is to it! DoNotPay will then generate a demand letter or court filing forms just for you. We’ll even mail a copy of your demand letter to the person you are suing if you want us to.

    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

    Recommended Reading: How To Treat Herpes Naturally

    Everything Comes Down To These Questions

    In both criminal and civil cases, the outcome will depend on the answers to the following questions:

    1. Did the defendant know they have an STD?

    2. Did the defendant take reasonable steps to discover the condition?

    3. If the defendant was hiding the information, was it intentional or inadvertent?

    4. Did the defendant take reasonable and available steps to minimize the risk of transmission?

    5. Did the plaintiff or complainant recently acquire the infection?

    6. Did they get it from the defendant ?

    Letâs talk about each part and the complexity of proving it.

    1. Did the defendant know they have an STD?

    The plaintiff or the state will have to prove that the defendant knew they had the infection.

    2. Unless the defendant admits it, documentation of past lab testing will have to be obtained. There is no universal data center from which to request those results.

    Did the defendant take reasonable steps to discover the condition?

    Herpes is not a condition that is routinely tested for, and the CDC doesnât advise testing.

    Testing occurs mainly when the person has symptoms to rule out other condition and to determine the cause of skin lesions.

    3. If the defendant was hiding the information, was it intentional or inadvertent?

    If the defendant knew about the condition and hid the information from their partner, thatâs considered an intentional harm.

    If the defendant forgot to tell their partner about the condition, itâs considered negligence.

    6. Did they get it from the defendant ?

    People Can Spread Herpes Easily Even When Free Of Symptoms

    Can I Sue Someone For Giving Me Herpes

    Herpes simplex virus can spread even when symptoms are absent. Fred Murphy and Sylvia Whitfield/CDChide caption

    toggle caption

    Herpes simplex virus can spread even when symptoms are absent.

    Warning: This post is going to be a little icky. There will be talk of genital herpes and shedding of viruses that can infect sexual partners. Stop now, if thats not your cup of tea.

    For the rest of you, on with the post.

    Researchers at the University of Washington have found just how easily people infected with herpes simplex type 2 virus, which causes genital herpes, can unknowingly pass it on to other people.

    This isnt trivial. The HSV-2 virus is one of the most common sexually transmitted infections in the world. In the U.S., 16 percent of adults test positive for HSV-2 infection.

    Only a minority of them about 10 percent to 25 percent show outward signs of infection. And most people get infected with HSV-2 from people who dont have a clinical history of genital herpes, as the just published online by JAMA delicately put it.

    So somebody doesnt have to have oozing sores to pass the virus along.

    The University of Washington researchers gathered some detailed information on that. They found 410 people with symptomatic genital herpes and 88 who tested positive for infection but showed no signs of it. Each person used a swab to collect genital secretions each day. They also kept a diary of symptoms.

    The authors conclude:

    Recommended Reading: How Long Does Genital Herpes Last With Medication

    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:

    Fines

    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.

    Probation

    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.

    What Are The Two Types Of Herpes

    Health care professionals categorize herpes cases as the Herpes Simplex Virus 1 or the Herpes Simplex Virus 2. As much as 80% of the population might have HSV-1. People commonly become infected as children after coming into contact through play and sharing items. This generally results in cold sores, also known as oral herpes. Unfortunately, HSV-1 can also become genital herpes due to oral sex. In spite of this, this type of genital herpes is far less common and affects roughly one out of every six persons.

    HSV-2 is more serious than HSV-1 and predominantly exists as genital herpes. It can be transmitted from mothers to children during childbirth and can migrate to other parts of the body.

    Recommended Reading: How Many Days For Herpes To Heal

    Can You Go To Jail For Giving Someone Herpes

    Last year, singer/songwriter Usher was formally accused of exposing three of his former sexual partners to a sexually-transmitted disease. His former partners file a lawsuit in California claiming that the singer failed to disclose that he had herpes before engaging in sexual activities with them.

    The alleged sexual encounters all took place prior to 2012. In California, exposing another person to a sexually transmitted disease can be a criminal offense.

    Can I Sue A Guy I Dated For Giving Me Herpes

    Why Do So Many People Have 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.

    Recommended Reading: How Long Does The Herpes Outbreak Last

    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.

    Signs That Hiv Has Progressed To Aids

    AIDS is the most advanced stage of HIV. It is possible to prevent AIDS if HIV is diagnosed early enough, but some people will not notice the symptoms until it is too late. It typically takes 10 to 15 years for HIV to progress to AIDS, so there is ample time to get tested, but you should never take chances when the symptoms occur.

    Warning signs for AIDS include:

    • Unexplained weight loss

    Also Check: Can You Tell How Long You Have Had Herpes

    Do You Legally Have To Tell Someone You Have Herpes In Texas

    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.

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