Can You Sue Someone For Giving You An Std
Do you know there are around 1.16 million cases of the most prevalent STD in women and more than 644,000 in men in the United States? STD cases were recorded in the U.S. in 2019, broken down by gender.
You can take legal action against your sexual encounter if they are responsible for contracting an STD. In certain situations, you may seek compensation for hospital costs, loss of earnings, and even punitive damages.
Tell me the difference between STD and STI?
Sexually transmitted infections (STIs) and sexually transmitted diseases (STDs) are two types of the same thing. But whichever name is used, it always refers to the same entity. Sexual contact, intimate and non-intimate, is a significant vector for sexually transmitted diseases and infections.
Sexually transmitted diseases and infections (STDs and STIs) come in many forms. The law states that you cannot sue someone for every conceivable STD or STI.
Negligence and STDs
Proving that the defendant knew you were infected with an STD is essential evidence in a negligence lawsuit. They broke the law by neglecting to report this information when required. Can you sue someone for unknowingly giving you an std?
In any state, you have the right to sue the person responsible for giving you an STD if they were negligent.
In negligence trials, a judge or jury must be satisfied that a reasonable person would have avoided intercourse without warning their partner about STD risk. Negligence doesn’t need intent. Therefore your spouse may be held liable for STD-related losses even if protection was used.
Sexual battery
Someone who gives you a sexually transmitted disease may be sued for sexual battery. In this context, “sexual battery” means any sexual contact without the victim’s permission.
Can you sue someone for knowingly giving you an std? Yes, If your sexual partner is responsible for contracting an STD, you may be entitled to sue them in civil court.
This only applies if you have proof that your spouse was aware of, or should have been aware of, the STD and deliberately kept it from you.
Damages and punishment for giving someone an STD
It might be challenging to demonstrate your damages in court. On the other hand, symptoms of sexually transmitted diseases may not appear immediately or at all. Further complicating things, the victim may have had several sexual partners.
The following are examples of typical forms of compensation:
- The cost of medical care for the STD and any complications it may cause are included in this category.
- Damage claims based on emotional distress may be made even if no outward manifestations of the STD’s effects on the plaintiff’s mental health can be shown.
A conviction for transmitting a sexually transmitted disease carries a maximum punishment of one year in imprisonment for a violation and perhaps much longer for a crime.
Tell me the best way to sue someone for STD?
A personal injury lawyer can assist you in figuring out what steps to take next based on the merits of your case. They’ll be able to weigh things like hospital records, witness statements, and more.
With this information in hand, a lawyer will be better able to advise you on how to proceed with a claim for STD negligence. Can you sue for someone giving you an std?
Depending on your local laws and your partner’s knowledge, you may be able to sue for an STD infection.
Intentional transmission of STD or sexual battery
When one partner intentionally exposes you to or transmits an STD, they do it either via recklessness or malice. You, as the plaintiff, must show three things:
- The infected individual was aware of their condition.
- This individual is aware that they have a contagious STD.
- The infected individual failed to inform their spouse that they were HIV positive.
STD Caused by Negligence
Even though not all U.S. states now recognize STDs due to negligence, it is widely accepted. The harmed party or plaintiff may more quickly file a lawsuit against the defendant because of this cause of action. States that prohibit sexual activity without declaring the presence of an STD, notably in the case of HIV, will find this a little more streamlined means of establishing guilt.
If the court rules in favor of the plaintiff, they will have to show that the defendant was responsible for the plaintiff’s STD-related losses.
New York State Law on Transmitting an STD
Legal action against those who spread sexually transmitted diseases varies from state to state, as do the consequences. New York’s regulations regarding the spread of sexually transmitted diseases are outlined below.
Having sexual contact with another person while aware of your STD condition is a misdemeanor in the state of New York. In addition, those who conduct sex offenses, such as engaging in unprotected intercourse with others unaware of the infection, while aware that they have a sexually transmitted disease (STD) that may be fatal, may be guilty of deliberate or reckless endangerment.
Communicable Disease Laws in New York
HIV, syphilis, gonorrhea, hepatitis, and other dangerous illnesses communicated via sexual activities are all recognized STDs (venereal disease) in New York.
The plaintiff or prosecution must establish that the defendant’s actions caused the plaintiff serious bodily harm or put them in danger of dying to get a conviction.
Defenses
If a person has no way of knowing whether or not they are infected with an STD, they cannot be held responsible for having sexual contact with someone who is not sick.
What kind of STD can you sue someone for?
Some of the roughly 20 STIs are curable, while others are not. You cannot sue someone for every STD you get from them after intercourse.
Different states have different regulations concerning whether sexually transmitted diseases may be the basis for legal action. If you are ready to know whether or not you can sue someone for giving you an STD or STI, the best person to ask is a lawyer.
Is it worth it to Sue Someone Over an STD?
Why suing your spouse for an STD is a good idea. The new sexual partner may be able to tell immediately if you have an STD like herpes or gonorrhea because of the outward signs.
Furthermore, the cost and emotional toll of treating sexually transmitted diseases (STDs) warrant a claim for damages against your spouse.
What happens when you sue someone for giving you a STD?
If the defendant is found guilty of knowingly transmitting an STD to you, they will be required to pay fines and face other consequences commensurate with the gravity of their crime. The results might be anything from a warning to a prison term.
Can you sue someone for deceptively giving you an std?
Yes. Someone may be held legally liable for deceptively inflicting an STD on you. Those infected with an STD must tell their partners about it before being sexually intimate. This is a mandatory procedure, and failure to comply with it is illegal.
How long is the process?
If you decide to proceed with the law, it might take several months, if not years, before your case goes to trial. If you believe you have legal standing to file a claim, you should seek the counsel of an experienced attorney.
Frequently Asked Questions (FAQs)
Can You Go To Jail For Giving Someone A Std In Georgia?
The penalties for spreading sexually transmitted diseases in Georgia are severe if you are guilty. You might spend years in jail and pay significant fines even if you’re only ever charged with a crime and never convicted.
Is Giving Someone An Std A Crime In Georgia?
Knowingly (or negligently) transmitting an STD to a sexual partner is illegal and may result in civil penalties in Georgia.
Can You Get Sued For Transmitting Stds?
The transmission of sexually transmitted diseases might result in a civil lawsuit. Information about sexually transmitted infections is illegal in the majority of states.
Can You Sue If Someone Gives You An Std Without Disclosing That They Had It?
If they infect you with an STD that they neglected to disclose, they may be accountable for your medical bills and other costs. You may be able to sue your sexual partner in civil court if you can prove they were responsible for transmitting your STD.
Final Verdict
Those responsible for transmitting an STD to you might be held liable in court. Knowing your legal options for pursuing compensation is essential if you or a loved one has been diagnosed with an STD. Your spouse likely either infected you or exposed you to the STD.
