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.
How Much Does It Cost To Sue In Small Claims Court
If the other person ignores your demand letter, what is the next step? You may consider suing them in a small claims court.
Your first step will be to review any and all communications you have received from the other party. Your case may be contingent on showing the damages, negligence and/or civil battery discussed above.
The next step is understanding the fees you can expect. Primarily, those are court filing fees. The amount you will pay to file a small claims lawsuit in small claims court depends on how much you are suing the other party for. You can pay between $30 to $400 to file the lawsuit depending upon the state and local county where you are filing. If you cannot afford to pay court fees, you can ask the court directly to waive the fees.
Once the lawsuit is filed, you must notify the other party that you have sued them. This is called “serving.”
Serving Costs can range from $0-$75 depending upon if you hire local law enforcement or a private process server.
It’s important to remember, if you win your case, you can also request that the defendant pay for your court fees and serving costs.
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.
Read Also: How To Avoid An Outbreak Herpes
Can You Sue Someone For Giving You Herpes
Ive handled several of these cases. They only make sense to pursue if the defendant has significant assets because he or she will not have insurance to cover the claim. How can you prove that the defendant is the person who gave you herpes?
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 22 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Tort Cases Involving Transmission Of An Std In New York
A tort is an action that causes harm to another. Usually, a tort involves some form of negligence.
Under tort law, someone could sue you for infecting them with an STD, especially if you failed to tell them about your condition. They could seek compensation for their economic and non-economic damages related to their condition.
Economic damages cover financial losses, such as medical expenses and lost wages. Non-economic damages cover personal losses, such as pain and suffering, emotional distress, and reduced quality of life. Non-economic damages could be significant in cases involving STDs.
Additionally, a court may be inclined to award punitive damages against a defendant for not disclosing that they had an STD before sex. Courts award punitive damages to punish a party for extreme negligence or intentional misconduct.
Living with an STD can be challenging for many reasons. You must consider your responsibilities and duties whenever preparing for sexual contact. Always let someone know you have an STD before the moment arrives.
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Wrongful Transmission Of Std
Though not every state in the U.S., many states have recognized wrongful transmission of infection or an STD as its cause of action, making it a bit easier for the affected person or the plaintiff to sue the defendant.
It even makes it slightly easier to prove liability in states which criminalize sex without disclosing the STD status, especially with people that have HIV.
In cases where the law finds the defendant guilty, the plaintiff must prove the damages caused due to STD infections. Lawsuits over treatable sexually transmitted diseases such as syphilis, gonorrhea, and chlamydia may not amount to more than the partial cost of the treatment or the cost of a one-dose antibiotic treatment.
Is It Worth It To Sue Someone Over An Std
You might wonder if you sue your partner or someone else over an STD, everyone around you, including your colleagues or family members, will know about your STD status.
Filing an STD lawsuit against your partner is worth it for various reasons. Most STDs like herpes or gonorrhea have visible symptoms, and it can be pretty evident to your next sexual partner that you have an STD.
Also, treating STDs can be financially and mentally draining, so suing your partner and asking for compensation for the damages caused to you is worthwhile.
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Can You Sue Someone For Knowingly Giving You Herpes How Much Could You Get From Such A Lawsuit
Yes you can sue someone for giving you herpes IF you can prove they gave it to you. Last time I checked Herpes was still pretty rampant in the population – 50% of the US population is infected with oral Herpes. 1/8th of the population is infected with genital Herpes. https://www.livescience.com/61681-herpes-infections-united-states.html So if you are sexually active and have had other partners, you might have contracted this from someone else.Understand that Herpes can be dormant in your body for a decade before you get the symptoms. Then it can go dormant again. Your Herpes could have been from an infection a decade ago. It could be from your recent partner. It may go dormant and not bother you again. Unfortunately some strains are frequently active. I would definitely talk to your doctor about your case, what you can do to reduce the re-occurrence and talk to your friends. Some of them probably have Herpes and they can reassure you that it isn’t the end of the world.But yes, you can sue this man. Finding an Attorney if this man has no money to speak of may be difficult or impossible. But technically you can sue him.Really the only reason to sue someone is to get money. Don’t do it to get revenge. It won’t make you feel better. Herpes won’t kill you and with the proper medication and honest communication with your future partners, it won’t ruin your life.
Is It A Crime To Have Unprotected Sex If I Am Hiv Positive
In almost all states, it is a crime to have unprotected sex with someone if you know you have been positively diagnosed with human immunodeficiency virus , regardless of whether you disclose that you are HIV positive or not.
If HIV goes untreated, it can lead to acquired immunodeficiency syndrome , and possibly death. Since HIV can be life-threatening and is easily transmitted with unprotected sex, most states have criminalized the act of unprotected sex.
Itâs important to remember that HIV is a very serious infection, and currently, there is no effective cure for the disease. Therefore, itâs crucial to take all necessary precautions to protect yourself and your partner.
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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.
How Can You Defend Against Charges For Intentionally Transmitting An Std
If you are charged with willfully transmitting an STD you have the right to defend yourself. There are two primary defenses that may be helpful: knowledge and intent.
Knowledge: You cannot be convicted of willfully transmitting an STD if you were not aware that you had a disease or infection. Some STDs can remain dormant and have few noticeable symptoms. Unless you submit to frequent STD testing, you may not know that you are afflicted.
Intent: California law states that a person can only be guilty of willfully transmitting a disease if they acted with the intent to infect another person and engaged in conduct that was substantially likely to infect them. If you warned your partner about your STD or took certain precautions to minimize the risk of transmission , you may avoid criminal charges.
Other defenses that may be helpful include:
- The STD does not have significant public health risks
- The partner knew about the disease and consented to risky behavior, and
- You were forced to engage in sexual activity against your will.
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Consequences Of Willfully Infecting Another Person With An Std
Willfully infecting another person with an STD is a misdemeanor offense in California.
- Jail Time: Penalties can range from a maximum of 90 days in jail to a maximum of six months in jail, depending on the seriousness of the situation.
- Fines: If convicted, you may also be required to pay criminal fines of up to $1,000.
- Probation: A judge may order you to serve a term of supervised release or probation after a finding of guilt.
If you knowingly or recklessly infect another person with an STD you may also be subject to civil consequences, as well.
Understanding Herpes: The Legal Implications
It can be difficult to diagnose a virus like herpes, but understanding how it works is critical to its treatment. The virus is transmitted through close contact between an infected person and another who has it, and even if the infected person has no symptoms, the virus can be found in their saliva and skin. It is not illegal to not disclose your herpes to anyone, but you should do so with those you are closest to. The disclosure of your status can not only help to keep the virus from spreading, but it can also help to avoid potentially legal consequences if you do not reveal your status. Remember that if you knowingly and willingly share your herpes or another STD with someone, you may be sued for damages.
Also Check: Does Herpes Show Up On Std Test
How Much Can I Sue For In Small Claims Court
In most small claims courts, you can sue for a maximum of $10,000. But it all depends on the limits set by the court where you plan to file.
By suing in small claims you are agreeing to waive any amount over the maximum amount you can sue for, even if you are owed more. For example, if someone owes you $11,000, and you decide to sue in small claims, you are waiving suing for an additional $1,000. Meaning that you will win a maximum of $10,000.
While you may be missing out on the full amount you are owed, there are practical benefits to suing in small claims instead of suing in civil court:
Here are some of the benefits:
What Should I Do If I Am Arrested For Transmitting An Std
The state must prove each legal element of the criminal charge against you to obtain a guilty verdict. The prosecutor has the burden of proving you are guilty beyond a reasonable doubt. However, that does not mean you should not defend yourself.
You have the right to legal counsel. As soon as possible, contact a criminal defense lawyer to discuss your case. Potential defenses could include:
- You were not aware that you had herpes or another sexually transmitted disease
- You did not engage in sexual conduct with the alleged victim
- You disclosed your STD to the alleged victim before engaging in any sexual conduct
- You have been falsely accused of transmitting an STD
- The police officers violated your civil rights
If the police arrest you for transmitting herpes or another STD, do not resist arrest that could lead to additional criminal charges. Instead, exercise your right to remain silent except for asking for a lawyer.
It is not in your best interest to talk to the police or a prosecutor without a lawyer present. They already believe you are guilty, so you cannot talk your way out of an arrest.
If you are released on bail, do not contact the alleged victim or their family or friends. Instead, stay away from the alleged victim and let your attorney handle matters. Your best chance of beating the criminal charges is to listen to your attorney and follow their legal advice.
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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.
Can Your Partner Have An Std And Not Give It To You
Does sex with a person with a sexually transmitted disease make you more likely to get an STD? Some sexually transmitted diseases , also known as sexually transmitted infections , are not always transmitted on a consistent basis between someone who has been infected and someone who has not.
Treating Chlamydia: A Step Towards Preventing Stds
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Prove That Your Partner Gave You An Std
While it can be pretty daunting to prove that your partner has transmitted an STD to you, it is still possible with the help of an expert attorney. Proving criminal charges against anyone requires a series of written or oral proof.
It is a good idea to retain all communication you had with your sexual partners. These can be used as evidence down the line and help you prove that your partner is at fault. Perhaps, you have discussed the STD transmission with your partner or any other communication that proves they knew about their STD status before getting into sexual relations with you.
Emails, texts, recorded calls, and other communication exchanges between you and your partner can be considered proof that they disclose being active with an STD.