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Can You Sue over Transmission of a Sexual Disease?
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Mar 2006
Never underestimate an angry ex with an STD and a creative attorney. So if you may be responsible for giving your ex a sexually transmitted disease, watch out, as you just might find yourself in court.
Making Your Claim
In 1995, 18 year-old Catherine Leleux hired a personal injury attorney after discovering that her Naval recruiter and lover gave her genital herpes. Enraged, Leleux and attorney sued the United States government for a little over $500,000. Unfortunately for Lelux, the U.S. Court of Appeals ruled that she had no case. If sex between the two was nonconsensual, assuming Leleux would never have had sex with him if she had known of the herpes, it would count as battery. The U.S. government could not be held liable for battery. But could her lover?
More specifically, can one sue a sexual partner for transmission of a sexual disease? The answer is yes and no. Since the number of cases of sexually transmitted diseases has grown, more and more people are filing civil lawsuits against their partners. Unfortunately for most of these plaintiffs, a lawsuit over sexually transmitted diseases can be extremely hard to litigate, very expensive to pursue, and of little remedy. It can be impossible to prove which partner transmitted the disease, since many STDs have no symptoms, it can be difficult to show negligence. Finally, views on sexuality change on a state by state basis and judges and juries in conservative areas can make a lawsuit difficult.
It is a personal injury
Most lawsuits over sexually transmitted diseases fall under tort law. Basically, a tort occurs when one person's careless or intentional act causes an injury to another or the property of another. If a tort has occurred, the person committing the act may be held liable for money damages. A New York court, in the early nineties, held that wrongful transmission of "a sexually transmitted disease is a legitimate basis for a lawsuit demanding compensation" from those responsible."
Recently, NFL quarterback Michael Vick was sued by Sonya Elliot, a 26 year-old Georgia woman who claimed the football player had infected her with herpes after an unprotected sexual encounter in 2003. According to the suit, when confronted by Elliott, Vick first denied any knowledge of having the disease but subsequently apologized. No specific monetary damages are outlined in the lawsuit.
Criminal Prosecution and HIV
With the increase in persons affected by HIV and the AIDS virus, new issues surrounding disclosure have arisen. In many states, failure to disclose HIV/AIDS status to a sexual partner may be grounds for criminal prosecution or civil suit. California has passed the "willful exposure" law which makes it a felony when an HIV infected person willfully exposes another to the disease through sex. If successfully prosecuted, the defendant can be sent to prison for a period up to eight years.
It is important to note that the law only applies to those who possess the intent to infect others through sexual activity and engages in very specific conduct. One must know he or she is HIV positive, not disclose this to the partner, and have specific intent to infect the partner. The infecting partner must engage in unprotected vaginal or anal sex (oral is excluded).
Some twenty seven other states in the country have enacted criminal statutes that allow for prosecution of those who know they are infected with the HIV virus and engage in sexual conduct without disclosure. States such as Alabama and South Carolina have extremely broad statutes which invoke penalties if someone "conducts themselves in a manner likely to transmit the disease."
Civil Prosecution and HIV
Cases brought in civil court seeking damages for transmission of HIV normally are brought under tort law including battery, fraud, intentional infliction of emotional distress and negligence. One of the most famous of these cases was that brought by Mark Christian in California. Christian was the sexual partner of actor Rock Hudson and claimed that Hudson had continuously denied that he was infected with HIV. Although Christian was never infected, he won a jury award of $5.5 million for emotional stress caused by exposure to the virus.
It is clear that lawsuits will continue to be filed by those who find themselves waking up to a sexually transmitted disease. Whether or not these suits will succeed remains to be determined within the framework of tort law - is there intent, negligence and/or fraud? As such diseases proliferate, the American courts may face a growing number of suits brought by angry victims.
Most Viewed in Personal Injury
Comments
Submitted by on May 27, 2010 - 7:59AM
My ex gave me genital herpes, after he spread it to several other girls I found out later. He knew he had it when he gave it to me and I had no idea. I have text messages saying stuff like he cheated on me and knew he had herpes when he gave it to me. I am positive the other girls that got the disease from him before me would be happy to testify against him,and prove he knew he had it. Also, he was the first person I had slept with in a year and a half, and we stayed together for two years..until he told me he cheated on me..knowingly having sex with other girls and not telling them. I live in Tennessee and was wondering with all the evidence and witnesses and victims on my side, would I have a good case?
Submitted by on May 20, 2011 - 10:58PM
my boyfriend & i have been together for about 4 years now, and recently had a beautiful baby boy. however, as i went to my 6 week post-partum checkup, she shocked me with news that i had acquired genital warts. i was speechless. after having such an amazing pregnancy, and even better delivery, i could not believe my ears. i know its my boyfriend because over the past years i have discovered little clues here and there, & have come in counter with some sketchy situations. from finding condoms in his backpack, which he hasnt used with me in like 3 years, to various websites on my computer containing graphic adult fling websites, & worstof all finding personal e-mails, sent by him, to prostitutes on craigslist,(the dirtiest website ever). do i have a case?
Submitted by on Jun 16, 2011 - 1:56PM
Hi, this is a good question, and we are so sorry to hear about this situation. While LegalZoom certainly helps creating legal documents, we can't give specific legal advice about this situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.
Submitted by on May 17, 2012 - 3:13PM
SO CAN THESE NASTY DUDES ONLY BE SUE'D IF THEY KNEW ABOUT THE HIV?
Submitted by on Jun 7, 2010 - 12:22PM
We are sorry to hear of the situation. For some advice, check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jul 8, 2010 - 6:23AM
I was with someone for 5 yrs. It was off and on for the first half. The 2nd half we lived together and things were great. I always thought that he was cheating on me and could never prove it 100% until I went to my doctors 3 days after we broke up for the final time and found out that I had Trichomoniasis, a STD. I was devastated. Never in my life had I been hurt so bad by someone I loved and claiming to love me. I went back to the doctor's today and he is testing me for Gonorrhea and Clamidia. He is treating me for these 2 other STD's just to be on the safe side. I was checked out a year ago and came back with a clean bill of health. I am not worried about myself, just worried about all the other girls he is currently still having sex with. He claims he never cheated and also that he was tested and found out the same day that he has nothing. Is there anything legally that I can do so this doesn't happen to someother girl and make him pay? I feel like he is a walking disease, a ticking timebomb, and any female who has sex with him is in danger.
Submitted by on Jul 30, 2010 - 2:05PM
Hello, and thanks for your question. We are so sorry to hear about the situation you're facing, and we'd be glad to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jul 11, 2010 - 5:52AM
I met this man last year, I felt head over hills for him, I always wondered why he tried to have sex without protection. I always had to remind him. Than after a couple of months he stopped calling me and dating me. This year in march he came back to my life, claiming how much he missed me, what can I say! I fell for him again. We had sex once, I didn't hear from him again, two weeks after the intercourse I got diagnosed with genital herpes. I am having a very bad outbreak and had to spent a couple of days home because I can't walk, and had to spend quite some money at the doctors! I really want him to pay for what he did to me. He of course said he didn't know he has it, but I am more than sure he knew!
Submitted by on Jul 30, 2010 - 2:09PM
Thanks for your interest in LegalZoom. We are truly sorry to hear about your situation, and we'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Sep 13, 2010 - 4:13PM
i met this guy this year... things were great... we moved in together.. but with in a few weeks i found out he was cheating on me with women he met over yahoo chat rooms.. i then found out i have herpies... i left him a month later an found out i had genital warts too... i dont know what to do... or if i can bring him to court over it...
Submitted by on Sep 22, 2010 - 12:30PM
We are very sorry to hear of the situation you are facing. We'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Oct 10, 2010 - 9:02PM
My girlfriend knew she had herpes for a while and her whole family knew she had and they didn't encourage her to tell me she had it and last year in 2009 I found out I got it on my right hand middle finger and she lied about having it then she finally said she had it but her stories kept switching up and she didn't care what she did to me and I was wondering if I could take her to court over this
Submitted by on Nov 3, 2010 - 10:15AM
Thanks so much for your question. We are really sorry to hear of the situation you are facing. Because LegalZoom is not a law firm, we are unable to provide any advice regarding this matter. An attorney might be able to give you more information on your case. Please feel free to refer to http://attorneyconnect.legalzoom.com to search for an affordable attorney to assist you.
Submitted by on Oct 12, 2010 - 9:12PM
I have a similar case to the ones above. I went to the link you provided. However, I do not see tort law, std transmission or any of those options to choose from. What should I choose?
Submitted by on Oct 16, 2010 - 7:29PM
i normally get tested bout twice a year at the least and if i never had anything and i meet this one girl and have sex with her and we been together for a month and she gave me herpes but dont have any signs herself but i know i got it from her cuz i aint been with another girl in a while do i have a chance of takin her to court to sue her or am i just pretty much screwed on the deal.
Submitted by on Nov 3, 2010 - 10:23AM
Thanks for your inquiry. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jan 26, 2011 - 1:48PM
I just got diagnosed with herpes. The last partner I had was over a year ago. This ex said he did have a girlfriend that found out she had herpes but he said he slept with her when she didnt' have any outbreaks. He said he never contracted it himself. I of course didn't get this story until after we were already having unprotected sex. But a few days ago I found out I now have it. I contacted him yesterday to tell him and he said sorry it wasn't me. He said he was going to send me some paper work but I know he's lying. I even remember he had a prescription in his cabinet. I believe it was called Zovirax. Never knew what it was but never asked. Now after researching meds for myself I see this is one of the the leading meds for Herpes. So he apparently had the virus all along and lied about it and gave it to me. I would like to know my next course of action.
Submitted by on Feb 1, 2011 - 11:37AM
I had sex with a guy that knew he had warts and he did not tell me till after I got them. Can I take him to court over that?
Submitted by on Apr 20, 2011 - 2:44PM
I was with this girl for a few months and when we broke up she told me she had HPV. reading up on it a man you can't tested for it and women can what can I do
Submitted by on Jan 5, 2012 - 9:39PM
Mark, I feel what your saying. My ex bf gave me HPV. When I was diagnosed I immediately told him. He is an addict in many ways so him stopping from having relations with other women didn't cease. We are friends as best as we can be, even took a trip together recently. During that time he told me before passing out he had relations with someone other than a street walker for one night. She works for the govt like I do. I know also when he stops talking to me, that is code I am with someone. I happen to know who this is. I am not in love with him or jealous of this anymore. In fact, I encouraged him to find love, but be humanitarian and let her know so she had a choice. I don't think he is offering that up that he has HPV. I have the persons information to contact them, but am in a standstill thinking if I do, does this sound vengeful or jealous? Because I am not, but my conscience is killing me - because if another girl knew I would hope she would tell me. I am even willing to give up the ppwrk on my medical to them. Cervical cancer that this does cause is just as dangerous if it were something more serious like herpes. Now I see what you wrote and you probably wish one of her ex's would have come forward to you before you engaged. Its unfair what happened to you and I am sorry you became a victim of someone who wasn't honest. Please get your check up's for cancer. I think its less active of getting that in men though if that helps?
Submitted by on Aug 17, 2011 - 5:12AM
I recently found out I have herpes. I believe the virus was transmitted to me by an ex lover whom I was recently having an affair with (both he & I are in other relationships). I informed my BF, his GF and him but I can not be sure if the virus came from him (as there really is no way to tell). It has been hard dealing with this knowledge and I am pretty devastated by it. I did not intend to infect anyone (my BF, his GF or him) with anything. I never have symptoms when I have "relations" though I do realize it is a symptomless disease that transmitted silently. Please advise if they have a case?
Submitted by on Oct 10, 2011 - 9:55AM
Hi Isabel, thanks for contacting LegalZoom, and we are sorry to hear of this situation. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding your situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
Submitted by on Nov 24, 2011 - 7:45PM
i got drunk one night and had intercourse with some guy i had been talking to for about 3 months not knowing he had HIV but he knew he did and didnt tell me i had to find out through one of his friends and he bragged about how he "gave that b***h what she deserves for being such a s**t" (that b***h meaning me) do i have a case?
Submitted by on Nov 29, 2011 - 6:13PM
i been wit my baby mama for 11 years durin the first three years she did not tell me she had herpes we r not together anymore but i cant move on cause i wont do 2 her what she did to me!i want some kind of redemtoin an dont want here to do that to anyone els! i cant move on i feel my life is over an she has a friend but dont know what there doin not my bissnes anymore but she needs to pay for what she did before she gets someone els i work bot live pay check to pay check what can i do??????????????????????
Submitted by on Dec 10, 2011 - 10:36PM
I have the Same problem I was with this girl for almost 8 years and when we got together I got sick were I found out she gave me herpes and now were not together and is sleeping around with a lot of people with out any protection and says she doesn't care who she infects . I also feel deppresed like Mi life is over. Can u tell me if can I report her to the police. Or sue her
Submitted by on Dec 19, 2011 - 5:27PM
I have become aware of HIV+ people having relations with others and not disclosing it them. They are going as far a posting on craigslist that you cant get HIV for from having intimate relations! I have talked to numerous HIV+ people that have told me that if they disclose it they will be rejected. Whatever!! Another told me that it is his duty to tell. What can be done to have the bill passed into law? All these laws to protect them and none for HIV- people. PLESE HELP
Submitted by on Jan 5, 2012 - 9:50PM
Since you are all victims of people not telling you of their STD or disease. How would you advise me to tell my ex-bf's different innocent lovers what he exposed them to? By the way, me and the ex-bf are friends, but he loves to lie and he is a multiple addict. I thought by not deserting him I could help him since his family are all alcoholics, drug takers and intimacy addicts (brothers only). I find myself now in a toxic friendship. To do this may create more drama in my life than I want, but I do feel for those who he is infecting. One is a mom of two children. She broke us up a year ago and I warned her with a nice email the type of guy she was getting involved with. She dismissed me of course even though I was nice and professional. She actually in hindsight saved me from marrying the guy, so I am thankful. They broke it off in less than a month after I dumped him. Now he is recently with her since he is traveling through the country and although she doesn't know it he uses her as his "filler/option" as he has described to me once. I think maybe this is Karma for her in having an affair with him last year? Still, she and the other women who is innocent don't deserve deception. How would you approach or not approach letting the cat out of the bag. Once I do this, it will kill a friendship that at this point can't be valuable, because I don't believe I want to be friends with someone that would do such a thing. I have kept celebant and am taking responsibility of my diagnosis and will tell the guy beforehand. Its just respectful and the right thing to do.
Submitted by on Jan 11, 2012 - 5:07AM
I was with a guy for 4 years and whilst with him contracted herpes, he then casually had it and didnt make an issue out of having it himself but still insists I gave it him. Is there any way of the courts checking his medical records and seeing if he did have it and know before I did. I am sure he had it and knew but didn't tell me.there was many other things he didnt tell me about like numeous of other girls and affairs so this would not be out of his character
Submitted by on Feb 15, 2012 - 5:39PM
Hi Beckie--Thanks for contacting LegalZoom. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding your situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
Submitted by on Jun 10, 2012 - 8:32PM
Last year I met a girl on a social web sit & made a 4 hour drive to meet her. We walked to the bar. On the way back we sat down by the river & talked. It was difficult at times to hear what she was saying because her back was facing my stomach. Plus the sound of the running water. I vaguely remember her saying something but couldn't make it out clearly & when I asked her to repeat it she would not. We were at her house & were kissing. Her lips were tight & I asked if she would use her tongue. After kissing she asked me if I was happy now that I had herpes & then continued to tell me that she did it on purpose because she had a feeling that I mistreat woman & that she was doing the world a favor by giving me this. She then said that she hoped that I would pass it on the my family & she started laughing. Do I have a case even though I initiated the tongue kissing?
Submitted by on Jun 22, 2012 - 2:18PM
Thank you for contacting LegalZoom. While we make creating legal documents easy and affordable, we unfortunately cannot give specific legal advice on whether you would have a case or not. However, feel free to get free legal advice on the LegalZoom Facebook page every Tuesday and Friday. Check out Free Joe: http://zoo.mn/FreeJoe.
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