Having Sex Without Disclosing That You Have Hiv Is A Felony
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.
Woman Gets $67 Million In Herpes Lawsuit
A California court upholds a $6.75M award to a woman infected with herpes.
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March 17, 2011 A California court rejected millionaire Thomas Redmonds appeal on Monday, upholding a jurys 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.
Ive had it for a long time, 30 years, Redmond, according to Behr, told her one evening. And I think Im having an outbreak so we cant 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.
Can You Sue Someone For Giving You Herpes Or Other Stds
Sex always comes with the risk of contracting diseases, even in monogamous relationships. The CDC reports that herpes is a commonly transmitted disease that can pass between people even when they use a condom and when there are no visible breakouts. This is why voluntary disclosure or an honest response to a direct question regarding STD status is so important. Unfortunately, many people are embarrassed by their STD status. There are also many malicious parties who deliberately pass the disease on to others. If you contracted herpes, or another STI from someone, learn about your options if you want to sue them for giving it to you.
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Statute Of Limitations For A Herpes Lawsuit
In order to recover compensation for a herpes transmission, you must file your lawsuit within the statute of limitations. Every state has a different statute of limitations for personal injury lawsuits and other civil claims. In California, the statute of limitations is two years, but other states give only one year, and some up to five years.You can find your own state’s statute of limitations here.
Contact KMD Law today to schedule a free consultation with our experienced herpes attorney.
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Florida Laws Regarding Unlawful Sexual Intercourse With Std
Florida Statute §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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Are There Related Criminal Offenses
There are several criminal offenses related to intentionally or willfully spreading an STD. They are:
- soliciting prostitution PC). These charges can happen if the defendant got someone known to be infected with an STD to spread it to the victim.
- supervising prostitution . These charges can be filed against pimps who know a prostitute is infected.
- assault with a deadly weapon PC). Texas juries have convicted defendants for assault with a deadly weapon by infecting someone with HIV.4
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.
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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.
What Can I Do If I Suspect Someone Gave Me Herpes
If you suspect someone for knowingly giving you herpes or that it happened because of their gross negligence, you might be eligible to sue them for personal injury damages. The exact provisions and how serious the penalties depend on the state. It is important to act swiftly before the person infects someone else or that parties you may have unknowingly infected can seek treatment.
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Negligence In Std Infection
If you have reason to believe that your partner knew beforehand, that they were infected with an STD, you can sue for negligence. As with all negligence cases, you have to prove that the partner had a duty of care to inform you of their STD status.
To successfully sue someone for giving you an STD under the negligence claim, the judge has to determine that a reasonable person under the circumstances, would not have sex without first informing his or her partner about the possibility of a STD infection.
Also for a negligence claim, intent is not required, therefore even if your partner used a condom or didnt intend on deliberately infecting you, they would still be liable for damages if they failed the burden of duty.
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CanYouSueSomeoneForGivingYou an STD? … -In 2011 a 77 year old multi-millionaire in Palm Springs was ordered to pay his ex-girlfriend $6.7 million for giving her herpes and failing to let.
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Pain can continue even after the rash is gone, which is known as postherpetic neuralgia. Shingles itself can cause scarring, bacterial infections, encephalitis, hearing loss, vision problems and.
A California court upholds a $6.75M award to a woman infected with herpes. March 17, 2011 — A California court rejected millionaire Thomas Redmond’s appeal on Monday, upholding a jury’s earlier.
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Fighting Criminal Charges In Los Angeles
Have you been accused of intentionally infecting another person with an incurable STD, such as herpes or HIV? Contact Los Angeles criminal defense attorney Ambrosio Rodriguez for immediate legal assistance. A criminal conviction can change your life forever.
In addition to jail time and fines, you will also generate a criminal record. This record will show up whenever a background run is performed. Employers and landlords who see details of your past may be hesitant to approve any applications you submit.
As a former prosecutor, Ambrosio Rodriguez has an extremely in-depth and nuanced understanding of Californias criminal laws and procedures.
To learn more, call our Los Angeles criminal defense law firm at or visit our contact us page to send us an email.
Contact A Personal Injury Attorney In Fort Walton Beach
If your partner has given you an STD, you may be embarrassed to call an attorney. Dont feel that way. You have a right to be compensated for your loss. Contact a personal injury attorney in Fort Walton Beach. He will discreetly and compassionately handle the matter for you.
Thankfully, since the matter will be just as embarrassing for your partner, most STD transmission cases settle out of court. Your lawyer understands that the last thing youll want to do is make the matter part of the public record. Your lawyer will work hard to get you a fair settlement.
Contact a lawyer today and schedule your free consultation. This gives you a chance to ask any questions you may have. And remember, you pay nothing until you win your case!
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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
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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Is It A Crime
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:
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.
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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.
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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Facts About The Herpes Simplex Virus
Although there are many forms of the herpes simplex virus, only two types are typically involved in sex torts litigation: HSV-1 and HSV-2. HSV-1 is commonly referred to as oral herpes because outbreaks of HSV-1 have historically appeared primarily on the face, lips and mouth. HSV-2 is commonly known as genital herpes because outbreaks of HSV-2 have historically appeared on or around the genital area. With the expansion of various sexual practices, such as oral sex, the common designation of the herpes infection as oral or genital based on the location of the outbreak is less accurate. It is more common to find HSV-1 infections appear in the genital area and HSV-2 infections in or around the mouth and lips.
Herpes is a viral infection characterized by recurring outbreaks of small, fluid-filled, painful blisters/lesions on the affected skin or mucous membranes. The initial outbreak of an HSV infection is typically the most severe characterized by an outbreak of very painful blisters/lesions, flu-like symptoms, such as fever and body aches, and in more severe cases it may cause difficulty urinating requiring hospitalization. The outbreaks typically reduce in severity and frequency over time, but the course of the infection varies from person to person.
Approximately 16% of the population between the ages of 14-49 are infected with HSV-2. HSV-2 is more common among women than men . The total number infected is higher when HSV-1 is included.
Transmission
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. If the person is sued the law looks at the intent of the boyfriend in the determination of whether damages should be awarded to you. The person must show that their boyfriend was negligent or intentionally infected you them with the disease. In California the law states that it is the duty of a person to know their status as such someone who knew or should have known that he was infected must warn and protect their partner. There has been a string of cases of persons suing for emotional distress, fraud, intentional infliction and negligence in STD cases. Some famous examples of these cases include Tony Bennett being sued for $90 million, Robin Williams and Micheal Vick.
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