Can You Sue Someone For Giving You An STD?

Even though some of the STDs are curable easily, the idea of contracting the disease is depressing. In some circumstances, a person with an STD may have a clue or even know who infected him or her, but can you sue someone for giving you an STD? Yes, you can seek legal action against someone who gave you an STD, but, before you do that, it is important to know more about the process.

An STD is not like malaria or typhoid fever, where one can openly say he or she is suffering from; it is common to conceal STD status because of the stigmatization. Many people with STDs think a lot; they bother what their friends, family, or partners would say when they know that they have the disease.

While those who don’t disclose their STD status may be seen as being wicked; to them, it’s a vicious circle—someone infected them, so they must infect another. If a person engages in a sexual relationship knowing that he or she is positive for an STD and proceeds without informing the partner, then there may be reasons to file a case.

But this is not easy to do, as there must be evidence. How best can one tell who infected him or her with sexually transmitted diseases? Simple: maintain one sex partner, practice safe sex, communicate with your partner, and go for an STD test regularly.

Can You Sue Someone For Giving You An STD?

Yes, you can sue a person for giving you an STD. If a person with an STI intentionally infects another, it is a criminal offense and should be prosecuted. This is an act of negligence, and the victim should take legal action for damages.

However, as mentioned, it can be difficult to provide evidence that a person knowingly infected another with an STD. It usually needs proof, such as text messages, medical records, etc.

Just like rape cases, not all countries take drastic actions when it comes to matters like this. However, countries like the United Kingdom, the United States, Canada, and Australia, have laws regarding the transmission of STDs, and this makes it easier for victims to press charges.

Note that these laws differ from one country or state to the other; so, it is advisable to seek the laws governing the state in question before proceeding to court.

In some states in the United States, it is actually against the law to infect another person with an STD knowingly. For instance, in California, it is unlawful for an individual to intentionally expose another to HIV without his or her consent, and this is considered a misdemeanor. This crime can attract penalties such as fines or even imprisonment.

Another country with laws for the transmission of STDs is Canada. Sexual transmission of an STD is unlawful in Canada, as it is against the law to intentionally infect another person with a sexually transmitted disease. The crime perpetrated here is referred to as criminal negligence causing bodily harm and attracts severe purnishment for the offender.

Moreover, people who share STDs are also punishable by law, and they can also be sued in civil court. In such situations, the affected individual can take legal action against the other person that infected them with the STD.

Factors that can determine a successful STD lawsuit

Before you take any legal action for getting infected with an STD, some considerations must be made: These factors will help the petitioner get a favorable court decision. Here are some of the key elements:

1. Strength of Evidence

One of the key considerations is the evidence the person has. This consists of medical reports showing you and your partner’s medical result, or any other evidence that seeks to back up the allegations. How convincing the evidence is, the likelihood of having a favorable judgment.

2. Legal Merit

A preliminary examination of the case must be conducted to determine if there are grounds to proceed to a court case. This requires checking if the claims have the legal ground and if they have a high chance of succeeding in law court. A lawyer would advise on the merit of a case and whether to continue the case or not.

3. Statute of Limitations

Each state has its own laws regulating how long it can take to sue someone. It is important to know these deadlines and make sure that the plaintiff files the lawsuit within the stipulated period. Failure to do that might see the dismissed.

4. Damages

Another factor that helps define the probability of success in a lawsuit is the damages. At times, the claim for damages may not be very high, and thus, it may not be reasonable to pursue a lawsuit. One has to consider the possible losses and compare them with the expenses of going to court.

5. Legal Precedents

It is a legal process where matters relevant to a given case are compared to the previous legal judgments to set a standard or rule for the related cases. When evaluating the chances of prevailing in a court case, it is useful to look at prior court cases. With this, it may help a court decide on the best verdict to give based on previous cases.

Actions to take in case of STD transmission

If a person is infected with an STD by another person, there are several legal actions that the person can take. Such measures include filing a civil claim against the culprit, pursuing a criminal complaint, or notifying the relevant health authorities.

As in any civil action, the person who contracted the STD is allowed to sue the other person who infected him or her and claim damages. Such damages may consist of medical bills, emotional distress, etc.

However, the complainant has to provide sufficient evidence that the defendant knew or could have been reasonably expected to know that he or she had an STD and did not inform the plaintiff.

In addition, the complainant can file criminal charges if the person who transmitted the disease did so with the intent of infecting another individual. In some cases, it is classified as a type of assault or battery according to the laws of the applicable state.

To file for criminal charges for STD transmission, the plaintiff must offer clear evidence that the defendant acted with intention and transmitted the disease.

Read also: Do STDs Go Away?

Challenges and Considerations

Taking legal action against someone who infected you with an STD is not simple; in fact, there are constraints and factors to be aware of. Here are a few key points to consider:

• Proof

The bitter truth is not all STDs are from intercourse, and how some contracted it, they do not know. On the contrary, if you know your STD status and that of your partner, you must provide evidence showing that you only contracted the STD from him or her.

The challenge here is that there may not be any proof, as some people enter into a sexual relationship based on trust. In this case, if you have an STD, suing a partner is wrong because there is no proof to present to the court, as it lacks merit.

• Privacy Concerns

The trauma alone of having an STD is depressing; how much more when a person decides to take it to the public (law court) Although, there are special courts for matters like this, do you respect your privacy? See this!

For example, no matter the sensitization level for HIV, there is still a big stigma on people with the disease. If the STD in question is HIV/AIDS, you will have to ask yourself if you are ready to have personal health information disclosed in legal proceedings.

• Emotional Toll

To sue someone for giving you an STD can be mentally taxing as it may trigger feelings such as shame, guilt, and anger. You have to think about the mental effects that come with seeking justice through the law.

• Legal Costs

Lawsuits can be costly and lengthy. When someone wants to sue someone for infecting him or her with STD, they should think of the cost to know whether they can pay. If your lawyer is not doing a probono, you may decide to halt the legal process.

• Public Perception

People might turn against you if you take someone to court for giving you an STD, especially if it goes viral. You should also consider how you will deal with the negative reactions you are likely to receive and how these reactions are likely to affect your social and work relations.

Yes, you can sue someone for giving you an STD, but your chances of winning in court will depend on aspects such as the ability to provide evidence. To get a positive judgment, you may need the services of a human rights lawyer.

Remember that the legal action may be emotional. However, if you feel otherwise, then you should get the justice you deserve. For justice for one is justice for all.