Can I Sue Someone Who Gave Me an STD?
While it can easily be dismissed as an unfortunate occurrence, sexually transmitted diseases may qualify as personal injury. Any STD left untreated can lead to serious complications, and in more serious cases such as herpes or HIV, completely eliminating the condition is impossible. Partners are expected to disclose information about sexual history and diseases, but many don’t. An innocent party can be affected with an STD due to careless actions, misinformation, or an outright lie.
Personal Injury and STDs
In 1995, 18-year-old Catherine Lelux hired a personal injury attorney and sued the United States Government when she contracted genital herpes from her Navy recruiter. The U.S. Court of Appeals determined she had no case. Even if the intercourse had been nonconsensual, it would have been considered battery, for which the U.S. Government is not liable.
Would she have succeeded suing her lover directly? While a sexually transmitted disease is a personal injury, the manner in which it is contracted and how long the injured party was affected can be difficult to prove. This is especially true, considering that many STDs may have no symptoms. Because it is difficult to establish a clear basis and timeline for developing a sexually transmitted disease, cases often require extensive work and litigation. Views on STDs and personal injury claims vary among judges and states.
However, in the 1990’s a New York Court held that the wrongful transmission of a sexually transmitted disease is a legitimate basis for a lawsuit.
The Legal Pipeline
If prosecuted, sexually transmitted disease cases are considered tort law. A tort law “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.” Though difficult, transmitters have been successfully prosecuted.
In 2012, a 49-year-old woman in Oregon was awarded $900,000 after she contracted herpes from a man she met online. Even though the woman asked that he use a condom, he did not. The man claimed not to know it was contagious at the time because he was not experiencing an outbreak. The defense argued that the woman was responsible for insisting a condom be worn, and the man claimed that the woman could have gotten the STD from someone else. The jury, however, disagreed.
Special Circumstances
When it comes to HIV, cases are a bit different. In some states, due to the severity of the virus, it is illegal for an individual to knowingly pass the disease through unprotected sex. Even in such circumstances, prosecution is difficult and intention must be proven. The accused must have known he or she was infected, had intent to infect someone else, and had unprotected vaginal or anal sex. Proving an individual intended to spread the HIV virus is difficult.
Each case is different, but if you have contracted an STD, a lawyer can determine possible prosecution.