To have a valid claim, an attorney must prove that the person accused of transmitting the disease knew that he or she had the disease. The specific disease involved is also important: transmitting the HIV (AIDS) virus knowingly is a felony, and herpes, as an incurable, lifelong condition, is also grounds for a suit.
The answer is yes; you can sue someone for sexual battery no matter what STD was passed on. Sexual battery means sexual contact was made towards another individual without their consent. In the case of STDs, a battery case could be made since the known risk of contracting an STD was non-consensual.
If a sexual partner had knowledge of his/her STD and infected you, he or she may be liable for damages in a civil lawsuit. By David Goguen, J.D. If you have been infected with a sexually transmitted disease (STD), you may be able to file a civil lawsuit against the sexual partner who infected you.
Sexual Battery As with negligence claims, your partner need not have wanted to infect you with his or her STD. The law only requires that he or she intended to have sex with you without disclosing his or her dangerous STD status.
No. California defines infectious or communicable disease to mean “a disease that spreads from person to person, directly or indirectly, that has significant public health implications.”
The only tortious action a person can file now against the person their spouse cheated on them with is a claim for intentional infliction of emotional distress. Filing these actions during a divorce, or afterwards, is difficult.
No, it is not illegal to not tell someone you have herpes. However, if you are in an intimate relationship with someone, it is best to let your partner know that you have an STD. This will allow you both to take precautions to minimize the spread of the STD.
First and foremost, it is important to understand that one cannot sue somebody for suing them. This is a common mistake made by angry litigants who represent themselves. One must have a valid legal theory when suing another party, and simply being angry over a lawsuit does not qualify.
How long does chlamydia last? With treatment, chlamydia should go away within a week or two. It's important to take all antibiotics to fight the infection. Don't have sex during treatment, or you could get reinfected.
Overview. Syphilis is a bacterial infection usually spread by sexual contact. The disease starts as a painless sore — typically on the genitals, rectum or mouth. Syphilis spreads from person to person via skin or mucous membrane contact with these sores.
Chlamydia can be easily cured with antibiotics. HIV-positive persons with chlamydia should receive the same treatment as those who are HIV-negative.
Yes, depending on where it occurred and what the facts are, you can sue for harassment: If you are harassed in the workplace and are a member of a protected class, you may be able to sue for workplace discrimination under federal and state law.