Failing To Disclose HIV Status To A Sexual Partner

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Can A Sexual Partner Sue Me If I Do Not Disclose My HIV Status?

HIV-positive people should inform potential sexual or needle-sharing partners of their HIV status. If you have HIV and you do not inform your sexual or needle-sharing partner, she may have grounds to file a lawsuit against you. Even if you do not transmit HIV to your partners, they may sue you for placing them at risk.

Is There Anything I Can Do To Protect Myself Against Liability?

If you have protected sex, it will be more much more difficult for a sexual partner to sue you.

Can A Court Order HIV Testing Of Individuals?

When HIV or AIDS is an issue in a legal dispute, the judge has the power to order someone who is a party to the lawsuit to undergo an HIV test. If your HIV status is revealed in court, the information you disclose will be made part of the court record (a public document). However, you may have your attorney ask the judge to "seal" the information in the case that would identify you as HIV-positive, thus keep your HIV status private from the record.

Can I Sue Someone For Disclosing My HIV Status Or Test Result Without My Consent?

This may be possible. Disclosure without your consent may violate your rights to privacy, HIV confidentiality, and patient health care record confidentiality.

Do I Need An Attorney If One Of My Sexual Partners Did Not Inform Me She Was HIV-Positive?

Since most cases involving one individual suing another for failing to disclose that he or she had some type of sexual disease involves typical tort liability, an attorney experienced in personal injuries had help you with your claim. Also, if you have to testify in a case where your HIV status might be disclosed on the public record, you may want to retain an attorney to help you with "sealing" the information from getting out to the public.

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Last Modified: 02-06-2012 03:39 PM PST

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