Taking Action For A Sexually Transmitted Disease
It can be shocking to find out that your most recent sexual encounter may have resulted in genital herpes. In most cases, you may have very strong suspicions about exactly who transmitted this sexually transmitted disease (STD) to you. Herpes has blossomed since its inception to infect about one in six people between the ages of 14 and 49. Knowing you have this disease may prompt you to wonder if you can take legal action against the person who passed it along to you. Read on to learn more.
Negligent Behavior
Even if the person who infected you claims they had no knowledge of it, they can still be held negligent for the act. They owed it to you to ensure that they were disease-free and transmitting herpes to you is a clear breach of the duty to use due care. The courts have ruled that people who don't get tested and have unprotected sex are liable for passing on this disease.
It is only fair that you consider the part you played in contracting genital herpes. Most people know the risks of getting not just herpes but other even more serious diseases like HIV when they don't use proper protection during sex. The law might take the view that while both parties are bound by the duty to use due care, the person who caused the harm should take on a greater share of the blame.
Fraudulent Behavior
If you can prove that your sexual partner knew about the genital herpes infection and either failed to inform you about or lied to you about it, you might have a case for fraud. When a party lies to another and when that party believes the lie, that is fraud if harm comes to the second party as a result of that belief.
Assault
While negligence and fraud are all personal injury matters, assault is a crime. If you can show that you would never have agreed to have sex if you had known about the herpes infection, you might be able to meet the requirements for assault. The states that allow assault charges to be brought for cases of infection by herpes or other sexually transmitted diseases base their laws on the idea that you did not consent to have sex with someone who has the disease, therefore, you had non-consensual sex. In some cases, criminal convictions can compel the offender to pay financial restitution to the victim.
If you are the victim of a sexual partner who has genital herpes or any sexually transmitted disease, speak to a personal injury lawyer to find out if you are entitled to money damages as a result of their negligence and fraud.
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