Every sexually active person should get STD testing to protect themselves and others. It is a crime not to know your STD status and warn your sexual partners.
Those infected with STDs have a moral obligation to keep others safe. They risk civil action in the form of a negligent transmission STD lawsuit and criminal charges for sexual assault if they intentionally expose another person to an STD.
How to Sue a Partner Over an STD Infection
If you have an STD, you can sue your sexual partner. Even if you were not infected, you might be able to sue for emotional trauma caused by the threat of exposure.
You can bring a civil lawsuit for STD infection using several legal theories. The best legal approach depends on the situation, but negligence and civil battery (sexual assault) are common.
You must prove that your partner knew (or should have known) they had an STD in a negligence claim. This shows they breached a legal duty to behave with reasonable caution and care by not disclosing this information.
To prove negligence in court, you must present the following elements:
- Your partner was STD-positive knowingly.
- They did not inform you before intercourse.
- They proceeded to have sexual relations with you, breaching their duty.
- You got infected.
You allege in a civil battery lawsuit that the defendant’s actions of knowingly exposing you to an STD equal unconsented-to and intentional injurious contact.
Sexual battery is defined as uninvited sexual contact. Because STDs are non-consensual, a battery case could be constructed. The defendant’s knowledge of an STD could amount to sexual battery even if the sexual encounter was consensual.
Proving an STD Transmission
STDs are notoriously elusive when pinpointing the precise moment of transmission. Some STDs do not show symptoms for weeks, months or even years. That is why it is crucial to get tested for sexually transmitted diseases regularly; doing so will make it far simpler to pinpoint the perpetrator.
Regular STD testing helps identify the guilty sexual partner. In addition, getting tested after every new sexual partner can help determine whether that person or a previous partner transmitted an STD.
In addition, keep all communication with sexual partners for future use as evidence. For example, your sexual partner may have admitted they had an STD without warning you in an email or text message.
STDs can completely change your life, impacting your health, fertility and relationships. Some of them cannot be cured, so you have to deal with the symptoms and stigma associated with having the disease for the rest of your life. If someone intentionally or recklessly exposes you, chances are you can sue them in civil court for psychological, physiological and monetary harm.
You cannot undo the past, but your partner should be held financially liable for any expenses and losses you incur due to the infection. Get in touch with Conley Griggs Partin LLP to discuss your legal options.
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