Did you know that genital herpes affects up to 1 in 6 people aged 14-49? This disease has become ever more prevalent over time, according to the Centers for Disease Control, and chances are it will affect you or someone you know sooner or later. If that someone is you, you may be naturally wondering if your last few sexual encounters were unwise. In most cases, you may know who passed this sexually transmitted disease to you, and they may even admit that they knew they had it. Along with feeling betrayed and angry, you may be able to take some legal action against that person who knowingly gave you this common STD. Read on to learn more about taking action.
To give them the benefit of the doubt, perhaps the person who gave you herpes really did not know that they had it. Unfortunately, ignorance is not a defense. The courts have ruled that sexual partners owe a "duty of care" to others, and that failure to seek medical treatment or to use protection when having sex can be ruled negligence. Of course, you also had a duty of care; it works both ways. If your actions contributed to the situation where you attained an STD, you are partially responsible, but the infected party would carry the burden of the fault.
If you are able to prove that your sexual partner knew they had this disease, and did not inform you about it, you likely have a claim for fraud. Fraud can only be proven if you (or your attorney) can demonstrate the following 3 elements:
1. A party failed to inform or lied.
2. The other party was uninformed or believed the lie.
3. The other party suffered an injury (the disease) through belief in the lie or failure to inform.
While negligence and fraud are civil matters, assault is a criminal matter and it is a very serious one at that. In some states, the person who infected you with genital herpes could be found guilty of assault if it can be proved that they did so knowingly. For your part, you must be able to show that you would never have consented to sex if you had known about the herpes, and that you have now suffered an injury because of that "assault".
In this instance, it would be considered sexual battery, since you would not have consented if you had known. It's not much different than being unconscious and unable to give or deny consent, which can lead to sexual battery, rape, or assault.
There's no cure for herpes, but there are medications to diminish the effects and make you less infectious. You have the right to seek money damages from your former sexual partner who infected you, so speak to a personal injury attorney as soon as possible.Share
26 October 2017
Hi there, my name is John Michaels. Welcome to my website about general attorney services. When I was wrapped up in a neighborhood dispute, I decided to consult with a general attorney to receive guidance and support. The attorney helped me understand how to best proceed with the dispute to achieve a mutually-acceptable resolution. Through this experience, I was inspired to share information about the services provided by general attorneys. I invite you to visit my site daily to learn about these important service offerings and their role in your dispute resolution activities. Thank you for coming to visit my site.