When you think of a personal injury, you may think about a car accident or fall injuries. Though you may not realize, the intentional transmission of a sexually transmitted disease is considered a personal injury. The individual who transmitted the disease, if found guilty, can face serious legal ramifications in a personal injury lawsuit.
If you have a sexually transmitted disease and you are not upfront with your partner, you not only inflict major harm on that person, but you can also end up paying for your partner's medical expenses along with other fines and fees. While you may be embarrassed, you have to inform a sexual partner about your condition. If you fail to do so, you can end up guilty of several charges including the following:
Negligence is the act of causing injury or harm to someone else in a reckless manner. You are considered negligent if your partner can provide proof that you took no measures to prevent the transmission of your sexually transmitted disease. When you are the infected person, you have a duty to make sure anyone you engage with knows about your condition. While you should always use barrier methods of protection, you cannot consider its use as an effective way to prevent the disease. You have to be upfront with your partner, then they can decide whether or not to move forward.
When you intentionally have a sexual encounter someone else with a sexually transmitted disease knowing the likelihood that the disease will spread to the person, you may be guilty of intentional battery. In this case, you can not only face civil charges in a personal injury lawsuit, but you can also be charged criminally. This means you can spend time in jail or have to file as a sex offender.
Law of Consent
Some states have laws of consent in cases such as these. The laws protect those who are infected with a sexually transmitted disease, even if the person you are with consents to the act. If your partner is infected, you can still be charged. In this instance, you need to be certain of the laws in your state and know your partner well before any sexual encounter.
Each state has different laws when it comes to the transmission of sexually transmitted diseases. You always need to be careful and honest when it comes to sexual encounters. For more information about how to handle your case, contact a local personal injury law attorney.Share