Yes, in Texas, a person may pursue a civil lawsuit against a sexual partner who transmits herpes or another sexually transmitted disease (“STD”) if the transmission occurred through negligence, fraud, or intentional misconduct. The legal basis for these lawsuits often rests on negligence, which is what assigns liability for transmitting an STD.
The argument is that the infected partner failed to exercise reasonable care by not disclosing their condition. In more serious cases, claims may be framed as intentional torts such as sexual battery or fraudulent concealment, since consent to sexual activity is not considered valid when material health information is withheld.
Courts in Texas recognize that contracting an incurable STD like herpes constitutes a significant injury with lasting consequences. Damages in such cases may include costs of medical treatment, lost income, pain and suffering, and mental anguish. Where the conduct is particularly reckless or intentional, punitive damages may also be awarded to deter similar behavior. The severity of herpes as a lifelong condition often influences the scope of compensation, as courts weigh both the physical and emotional impact on the victim.
In addition to civil liability, criminal exposure may arise under Texas law. While Texas repealed its HIV-specific criminal transmission statute in the 1990s, knowingly exposing another person to an STD can still fall under general assault provisions or other criminal charges. Thus, a partner who conceals their infection risks both civil damages and potential criminal prosecution.
If you have any questions regarding STDs, such as whether or not you can sue someone for transmitting one, then it is recommended to set up a Texas lawyer consultation with Texas lawyers experienced in handling matters where someone has been infected with a sexually transmitted disease. They can answer any questions you may have and help guide you in suing someone for STD.
In Texas, Why Would I Want To Sue My Sexual Partner for Giving Me an STD?
As mentioned above, in Texas, a person may choose to bring a lawsuit against a sexual partner who transmits an STD when that transmission results from negligence, concealment, or intentional misconduct. Texas statutes, including provisions in the Health and Safety Code addressing communicable diseases, reinforce the duty to disclose any conditions that affect public health.
As noted above, civil litigation provides a pathway to recover damages for the harm caused by contracting an STD. Compensation may include medical expenses, lost income, and damages for pain, suffering, and emotional distress. Because infections like herpes or HIV are incurable, courts often recognize the lifelong impact of these conditions. In cases where the defendant’s conduct is reckless or intentional, punitive damages may also be available to punish the wrongdoing and deter similar behavior in the future.
Beyond financial recovery, pursuing a claim serves a broader purpose of accountability and deterrence. Texas law allows criminal prosecution under general assault provisions when someone knowingly exposes another to an STD.
By filing a civil suit, victims not only protect their own rights but also reinforce the expectation that individuals must disclose serious health conditions before engaging in sexual activity. This dual civil and criminal framework reflects Texas’s commitment to safeguarding both individual well-being and public health.
What Are Some Specific Causes of Action for Transmitting an STD?
In Texas, several causes of action may be available when a sexual partner transmits an STD. The most common is negligence, which arises when a person fails to exercise reasonable care by not disclosing their infection before sexual contact. Another is fraudulent concealment, where the infected partner intentionally hides their condition to induce consent. A more serious claim is battery, since consent to sexual activity is invalid if obtained without disclosure of a known health risk. Each of these theories recognizes that failing to warn or deliberately exposing another person to an STD constitutes a legally actionable wrong.
For example, consider a case where one partner knows they have herpes but chooses not to disclose it before engaging in sexual intercourse. If the other partner contracts the disease, they could sue under negligence for failure to warn, or under fraudulent concealment for intentionally hiding the infection.
If the evidence shows the infected partner acted knowingly, the plaintiff might also pursue a battery claim, arguing that their consent was vitiated by deception. In such a scenario, damages could include medical costs, emotional distress, and potentially punitive damages to punish the misconduct. In extreme circumstances where the transmission leads to death, the victim’s family could also bring a wrongful death action under Texas law, seeking damages for the loss of their loved one.
Can My Partner Be Found Guilty of Negligence?
Once again, yes, a sexual partner in Texas can be found guilty of negligence if they fail to disclose a known sexually transmitted disease before engaging in intimate contact. Negligence occurs when someone breaches a duty of care owed to another person, resulting in harm. In these cases, the duty is the responsibility to warn a partner of a known infection. If the infected partner does not disclose their condition and transmission occurs, the injured party may argue that the failure to warn was a breach of duty that directly caused their damages.
Courts may evaluate negligence claims by examining whether the infected partner knew or reasonably should have known of their condition and whether their failure to disclose created foreseeable harm. If the plaintiff can prove that the omission led to contracting the disease, liability may follow. Once again, damages in such cases can include medical costs, emotional distress, and other losses tied to the infection.
Is It a Crime To Have Unprotected Sex if I Am HIV Positive in Texas?
No, in Texas, there is no longer a specific statute criminalizing HIV transmission, as the state repealed its HIV-focused law in 1994. However, it can still be prosecuted under general criminal provisions, such as assault, if someone knowingly exposes another person to HIV without disclosure.
This means that while having HIV itself is not a crime, engaging in unprotected sex without informing a partner of the infection could lead to criminal charges, civil liability, or both, depending on the circumstances of the case.
How Much Can I Sue Someone for Giving Me an STD in Texas?
In Texas, there is no fixed dollar amount for suing someone who transmits an STD. The exact damages you can sue for depend on the severity of the injury, medical costs, emotional distress, and whether punitive damages are warranted.
Under Texas Civil Practice and Remedies Code Section 41.003, punitive damages may be awarded if the defendant acted with fraud, malice, or gross negligence, in addition to compensatory damages for medical expenses and pain and suffering. Because incurable conditions like herpes or HIV carry lifelong consequences, courts may award substantial sums, but the exact recovery varies case by case.
Do I Need a Texas Attorney?
If you have been infected with an STD or are being sued for transmitting an STD, then it is recommended that you seek the guidance of an experienced Texas personal injury lawyer. As can be seen, these cases often involve complex legal theories such as negligence, fraudulent concealment, or battery. LegalMatch can assist you in locating an attorney who can help you understand the applicable laws, gather evidence, and present a strong case in court.
Legal counsel is also important because damages in STD transmission cases can include medical expenses, lost wages, emotional distress, and potentially punitive damages. A Texas attorney will be able to evaluate the facts of your situation, advise you on the likelihood of success, and negotiate settlements or pursue litigation on your behalf.
Without professional assistance, you may risk losing important rights or failing to maximize the compensation you are entitled to under Texas law. Finally, they can also represent you in court, as needed.
