Can I Sue My Sexual Partner for Giving Me herpes
If you contract herpes, you may be wondering whether you can sue the person who gave it to you. The answer is, it depends, largely on your state laws and whether your sexual partner knew he or she had herpes before giving it to you.
You can sue your partner for giving you herpes. The real issue is whether your case would be plausible and whether you would have any chance of winning it, and that seems extremely difficult. It is very hard to prove in court that someone gave you herpes.
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What are Specific Causes of Action?
Many states recognize wrongful infection or transmission of an STD as its own cause of action. Additionally, while there are no federal laws that require a person to disclose they have an STD, there are state laws regarding telling sexual partners if you have certain STDs, such as HIV/AIDS or herpes.
For example, in California, it’s considered a felony for an individual who is HIV-positive to engage in unprotected sex, fail to tell their partner about their status, or engage in sex with the intent to infect their partner. If found guilty, the person can face up to eight years in prison.
Can My Partner Be Found Guilty of Negligence?
Yes. Regardless of your state, if your partner knew he or she was infected with herpes and failed to inform you, the person may be sued for negligence. To prevail in an STD negligence case, you would need to prove the following:
- Your partner knew he/she had an STD;
- Your partner had a duty to inform you or duty to prevent the transmission of his/her STD;
- This duty was breached; and,
- As a result of the breach of duty, you contracted the STD.
In negligence cases, the plaintiff only needs to demonstrate that a reasonable person in the defendant’s position would have told his/her partner that he/she had an STD before having sex.
Further, negligence does not require that the defendant had ill intent. In that regard, a defendant who used protection (ex: a condom) can still be found negligent and liable for damages to the plaintiff.
What is the Penalty for Failing to Inform Your Partner of Your STD?
The penalty for failing to inform a sexual partner when you have an STD varies by state. New York, for instance, says an infected person has a duty to warn their sexual partners if they have an STD, because having one can be a deal-breaker.
Many states consider it both a civil and criminal offense, and some states, such as California, consider it a felony in certain circumstances.
Civil suits involving herpes stretch back over two decades.
There are few records of the total number of STD transmission lawsuits filed over the years, but Herpes News, a blog for those who have the virus, says that civil suits involving herpes stretch back over two decades.
In one example from 1996, a 32-year-old woman sued her ex-boyfriend for knowingly exposing her to, and infecting her with, herpes. He settled the case for $550,000.
How difficult is it to prove in court that someone gave you herpes?
It depends how many sexual partners you has had. Assuming you limit your sex partners, and goes for regular exams, and you can say that Mr. X is your last partner since then, and he has it and his medical records show that he has it, then it isn't so complicated.
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