Intentional Exposure to Sexually Transmitted Diseases
If you were intentionally given a sexually transmitted disease by a partner, the law offers some relief for medical and mental stress. If the partner knew the disease was present during the time of sexual relations, most states hold that there is a duty to warn the other. The type of notice given depends on the nature of the disease and the means of transmission.
What is Negligent Exposure to Sexually Transmitted Disease?
The law has recognized that a level of care exists between people. For instance, a person has a duty not to harm others. Negligence is acting below that level of care. The negligence standard is defined by the actions of a reasonable person in that situation. If you had been infected by your partner, a charge of negligent exposure would compare your partner¿s conduct in transmitting the disease to that of a reasonable person. Would a reasonable person in the same situation commit the same acts that lead to the infection? Accidental exposure (when neither party was aware of the disease) is more difficult to litigate, if not impossible. However, it may be possible to sue for accidental exposure to a very serious disease such as AIDS.
What is Intentional Exposure to Sexually Transmitted Disease?
Exposure to a sexually transmitted disease is intentional when:- the party had knowledge or reasonable cause to believe that the disease was being carried and did not give notice; and
- the party knew the type of contact that could transmit the disease.
Do I Need a Lawyer to Help Me Recover Damages?
It can be very difficult to prove that exposure to a sexually transmitted disease was intentional. An experienced personal injury lawyer can help determine whether the exposure was intentional. A personal injury attorney can also represent you in court if you sue for damages. |
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