Discovering you’re infected with a sexually transmitted infection is an upsetting experience but finding the person who gave it to you knew they were infected and didn’t tell you makes it that much worse.
When you find out that you’ve contracted a sexually transmitted disease (STD), your first thought may be how to get justice on the person you believe is responsible. In many cases, the person who is infected may be just as clueless as you were about having an STD.
However, if you have been infected with an STD, you may be able to file a civil lawsuit against the sexual partner who infected you. In rare cases, even if you were not infected, you still may be able to hold the other person liable for the emotional trauma caused by the threat of exposure.
The transmission of a sexually transmitted disease can result in both civil and criminal liability depending upon the law of the jurisdiction in which the incident occurs. Although by no means uncommon, sexually transmitted diseases are an intensely personal and often stigmatizing topic, making some people reluctant to disclose their STD status to a partner.
Most lawsuits over sexually transmitted diseases fall under tort law. 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.
Florida’s laws on the criminal transmission of sexually transmitted diseases employ to anyone infected with specific conditions. These particular diseases include:
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Several Florida criminal laws criminalize specific types of conduct engaged in by people with one of those, as mentioned above, sexually transmitted diseases. It’s important to note that these crimes do not require that a person with a sexually transmitted disease infect someone else. Engaging in the prohibited activity, even if that activity does not lead to the transmission of a disease, is enough to commit a crime.
Any person who knows that he/she is infected with an STD and who engages in sexual intercourse with someone else commits the crime of unlawful acts in Florida.
Florida law makes it illegal for anyone to engage in prostitution or procure another person for prostitution while knowing that you are infected with a sexually transmitted disease.
It is also a crime to commit prostitution in Florida if you have HIV. Anyone who engages in prostitution, solicits a prostitute, or offers to engage in prostitution while knowingly infected with HIV commits a third-degree felony in Florida.
If you engage in certain types of crimes in Florida while knowing you are infected with HIV, you commit an additional crime known as criminal transmission of HIV. The crimes included under this law include, but are not limited to, sexual battery, incest, assault, aggravated battery, and child abuse.
Causing harm to another, carelessly or recklessly, is negligence. To be liable for negligence, a person must have a duty and must breach that duty in some way, which in turn must damage the person or property of another. Primarily, we all have a responsibility to act in a non-negligent manner. In the case of STDs, this means that infected individuals have a duty not to spread the disease, or conceal it from others.
If your partner knew he or she was infected with an STD and failed to inform you, it might be sued for negligence.
To prevail in an STD negligence case, you would need to prove the following:
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 (i.e., a condom) can still be found negligent and liable for damages to the plaintiff.
Battery is an intentional tort. Unlike negligence, the laws regarding civil battery do not consider intent. Civil battery is the intentional harmful touching of another, causing injury or damage.
Suppose one individual willfully and intentionally has sexual relations with another with the intent of passing on an STD. In that case, it is very likely that battery has occurred, and that civil liability could follow. This means that the liable party could be forced to pay personal injury damages to the injured person to compensate them for their injuries.
Intentional exposure to an STD refers to a partner intentionally exposing their sexual partner(s) to disease. This means the individual knew that he or she was infected and deliberately gave the disease to their partner(s).
A partner must warn all of their sexual partners about any STDs that they may have contracted. To successfully sue for intentional exposure to an STD, a plaintiff must prove that the partner:
It is often challenging to prove that your partner intentionally or negligently exposed you to an STD. A sex abuse attorney will help you determine whether you have enough evidence to file a lawsuit. A sex abuse attorney will also represent you in court and handle settlement negotiations if you decide to seek damages.
Even in cases where a person is found by the law to be at fault, it is essential to remember that you must be able to prove damages from your STD infection. Lawsuit over easily treatable STDs such as gonorrhea, syphilis, chlamydia, etc., may not amount to more than the cost of a one-dose antibiotic treatment.
Civil lawsuits for the transmission of STDs are, for the most part, limited to incurable diseases such as HIV/AIDS, herpes, and some strains of genital warts.
Getting an STD from your partner may be infuriating, but the law does not leave you powerless to get justice. Contact an Ovadia Law Group sex abuse attorney today at 1-800-674-9396 for help.
If you or a loved one is a victim of STD infections, call one of our expert lawyers at Ovadia Law Group now at 1-800-674-9396. for a discreet and confidential consultation with one of our sex abuse attorneys.
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