Thursday, November 24, 2022

Can You Sue Someone For Infecting You With Hiv

Reducing Chance Of Transmission

What Is HIV?

Having a low viral load decreases the chance of transmitting HIV. A person living with HIV who is taking effective antiretroviral therapy will have a viral load that becomes so low, it is undetectable . Undetectable viral loads are untransmittable. Proper use of external condoms or internal condoms also greatly reduces any chance of transmission.

What Should I Do With These Options

The best thing you can do in any of the aforementioned situation is inform local law enforcement and to seek out the services of a reputable personal injury attorney to make sure that your future is secure and that others arent victimized by the same partner.

For more information on this area of law, see our overviews of personal injury and sexual abuse.

Missouri Lawyer Dealing With Std Lawsuits

In 2000, attorney Dan Pingelton, of the Pingelton Law Firm, convinced the Missouri Court of Appeals that an unmarried person should recover damages after being infected with an STD . This case set a new precedent, and Mr. Pingelton is now sought after by attorneys and their clients across the nation with STD transmission cases.

There are many factors to consider in an STD transmission case. 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 virus knowingly is a felony, and herpes, as an incurable, lifelong condition, is also grounds for a suit. However, many curable STDs, such as gonorrhea or syphilis, may not warrant a lawsuit. (For more information, please visit the STD Transmission FAQ.

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Where Would That Compensation Come From

In most cases, the transmitter would be held personally liable. This means they would pay the compensation out of their own pocket. Victims in these cases are unlikely to recover full compensation. Most people who transmit herpes cannot afford the costs of a court judgment.

In some cases, though, the transmitters homeowners insurance will provide coverage. Some homeowners insurance policies have broad liability provisions. These are meant to cover damages that are accidentally inflicted by the policyholder. They could extend to the transmission of an STD, including herpes.

Is There Anything I Should Know Before My Case Begins

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If you think you may be prosecuted, or that an accusation may be made, it can be helpful to familiarise yourself the general Crown Prosecution Service or Procurator Fiscal guidelines for court cases.

These will help you to understand what to expect and, equally importantly, help you to understand whether the person managing your case is being reasonable or not.

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What Is The Penalty For Not Disclosing Hiv Status To A Sexual Partner

Each state has its own laws with regard to disclosing ones HIV status. As stated above, more than 24 states require a person infected with HIV to disclose their HIV status to all sexual partners. Failing to do so in these states can carry heavy penalties. Some states have monetary fines and imprisonment, whereas others consider it a criminal offense.

For example, in California, its considered a felony for an individual who is HIV-positive to engage in unprotected sex, fail to tell their partner about their status, or engage in sex with the intent to infect their partner. If found guilty, the person can face up to eight years in prison.

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Contact A Skilled Injury Attorney In Atlanta Georgia If Someone Gives You An Std

If youve been made sick by another person, you may have a right to take civil action. Depending on the circumstances, you may have a claim for damages. It depends on what sort of disease they communicated to you. It also depends on what sort of treatment youre going to need in the future. When it comes to Georgia law, if someone infects you with either HIV or Hepatitis, they may be liable for damages.

If you have sexual relations with someone who didnt disclose that they had an STD, you need to call an experienced personal injury law firm in Georgia. They can review your case and determine if you have a valid claim. Since there typically wont be insurance involved in these cases, youll have to file a lawsuit against the person individually. Your attorney can help you do this.

**Ted Greve, is a North Carolina and Georgia license doctor of chiropractic. The firm, Ted A. Greve & Associates, PA practices law in NC, SC and GA.

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Will The Offence Of Sexually Infecting Someone Result In A Criminal Record

You will not have a criminal record if you are HIV-positive and have been convicted of the Infectious Diseases Act offence of engaging in sexual activity with someone who has not voluntarily accepted the risk of contracting HIV from you.

However, if you are convicted of procurement of sexual activity by deception or false misrepresentation or of VCGH under the Penal Code, you will generally have a criminal record.

Even if you have been given a criminal record for these offences, you might still have the opportunity to have your criminal record treated as spent. This simply means that your record will be wiped clean. To qualify for having your record spent, you must first meet the following criteria:

  • If you were given a prison sentence, your imprisonment term must have been not more than 3 months
  • If you were given a fine, the fine imposed on you must have been not more than $2,000
  • You must not have any other conviction on your criminal record and
  • You must not have any previous spent record on the register.

If you meet these criteria, you then have to remain crime-free for at least 5 consecutive years, starting from the date of your release from prison, or from the date that your sentence was passed if you were given a fine.

Once you accomplish this, your record will be spent automatically, and you will be able to legally declare that you do not have a criminal record.

When Does The Law Require Someone To Disclose That They Are Hiv Positive

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The criminal law does not require disclosure of HIV in every case. In 2012, the Supreme Court of Canada held that the criminal law imposes a duty on a person to disclose HIV positive status before sexual activity that poses a realistic possibility of transmission so that the HIV negative sexual partner has the opportunity to choose whether to assume the risk of being infected with HIV. HIV non-disclosure is the term used to describe these cases, i.e., criminal cases involving transmission, or exposure to the realistic possibility of transmission, of HIV through sexual activity.

A number of offences have been applied in HIV non-disclosure cases, including aggravated sexual assault and aggravated assault. While failing to disclose other sexually transmissible infections prior to sexual activity could also invalidate consent to that activity, most cases that come to the attention of law enforcement concern HIV. The Criminal Code does not contain HIV or other STI-specific offences.

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Can My Partner Be Found Guilty Of Negligence

Yes. Regardless of your state, if your partner knew he or she was infected with HIV and failed to inform you, the person may be sued for negligence. To prevail in a negligence case, you would need to prove the following:

  • Your partner knew he/she had HIV
  • Your partner had a duty to inform you or duty to prevent the transmission of his/her STD
  • This duty was breached and,
  • As a result of the breach of duty, you contracted HIV.

In negligence cases, the plaintiff only needs to demonstrate that a reasonable person in the defendants position would have told his/her partner that he/she had a HIV before having sex.

Further, negligence does not require that the defendant had ill intent. In that regard, a defendant who used protection can still be found negligent and liable for compensatory damages to the plaintiff.

Contact An Austin Tx Personal Injury Lawyer Today

You are the only person in charge of your own body and as such, you need to protect yourself. You likely would not have agreed to have sex with your partner if you knew he or she had an STD.

While you cannot turn back time, you can hold your partner liable for the damages he or she caused. Dealing with an STD, particularly an incurable one, is no laughing matter. The Austin, TX personal injury lawyers at Scott M. Brown & Associates can help you prove negligence and obtain the compensation you deserve. To schedule a consultation, call us at 612-7994 or fill out the online form.

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Why Would I Want To Sue My Sexual Partner For Giving Me An Std

Since you were not aware at the time that your partner was infected, you may consider taking legal action and suing your former sexual partner who infected you with an STD.

Most people know that it is wrong to knowingly give someone an STD. While the personal reasons for taking a former partner to court varies, some people are motivated to bring a cause of action because:

  • It may prevent the infected person from infecting others
  • If you can prove fault, you may be entitled to monetary damages
  • It prevents the spread of the disease and creates awareness

Liability For Disclosing Someone Has An Std

HIV &  AIDS

Depending on the circumstances, disclosing to others that someone hasan STD can create liability for invasion of privacy and publicdisclosure of private facts.

An invasion of privacy occurs when the defendant intrudes on theprivacy of the plaintiff in a way that is “highly offensive” to theaverage person, and the intrusion pertains to subject matter that isreasonably considered private.

Liability for public disclosure of private facts occurs when detailsof the plaintiff’s private life are made public, those details are “highly offensive,” and the matter is of no public concern. These twocauses of action are very similar, and disclosure of a plaintiff’s STDstatus can and does make a defendant liable under either theory.

Disclosing a plaintiff’s HIV status is specifically addressed bystatute in most states. In general, disclosure of another’s HIV statusis strictly prohibited, with narrow exceptions like medical proceduresand court cases. A violation of the statute can, but does not always,provide grounds for a civil lawsuit .

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The Effect Of Criminal Laws

Most states have criminal laws that specifically address transmissionof sexual diseases. If a defendant is convicted in a criminal trial,the plaintiff in a civil trial might be able to use the criminalconviction as evidence of the defendant’s liability. Note that acriminal conviction alone will usually not entitle the victim to moneydamages.

To learn more about the criminal consequences, see Criminal Laws & Penalties for Transmitting an STD .

Health Care Provider Liability For Transmission Or Disclosure

Keep in mind that health care providers can be liable for exposing or transmitting an STD to a patient.

When infection takes place in a medical setting, the case is based on medical malpractice,and the plaintiff must follow the specific medical malpractice rules.The exception would be if the STD was transmitted through intercourse,in which case medical malpractice rules will not apply.

Medical providers often can legally disclose a person’s STD status incertain situations. For STD’s other than HIV, a medical provider cantell hospital staff and anyone else that might be in danger ofinfection, such as the infected person’s sexual partners. Disclosure ofHIV is possible in similar situations, but that kind of disclosure ismore closely regulated by statute in most states.

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Can My Sexual Partner Sue Me For Failing To Disclose My Hiv Status

If you fail to disclose your HIV status, he or she may have grounds to sue you. This is true even if you do not transmit HIV to your partner because you put them at risk. For a civil lawsuit, the main requirement is that the partner has HIV/AIDS and was aware of it. Some states will hold that partner responsible even if precautions were taken for safe-sex .

The Consequences Of Failing To Inform Your Partner

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The consequences of failing to inform your partner can be twofold:

  • Civil Lawsuit: Suing someone for giving you HPV or other STDs typically falls under a civil lawsuit. While penalties vary depending on state laws, non-criminal suits can generally be levied against an individual for not informing their partner of having an STD. Civil lawsuits aim to seek compensation due to damages from contracting the STD.
  • Criminal Charges: Depending on the state, criminal charges can result from failing to inform your partner of serious sexual diseases, like HIV or AIDS. California, for example, considers failing to inform your partner about your HIV status a felony.
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    Can You Sue Someone For Giving You A Sexually Transmitted Disease In Atlanta Georgia

    Home»Can You Sue Someone for Giving You a Sexually Transmitted Disease in Atlanta, Georgia?

    In the movies, its funny when someone finds out they got a sexually transmitted disease from someone at a party. There are countless scenes in comedies where young teenage males end up with crabs or another STD after a chance encounter with a prostitute. In the real world, however, if someone gives you an STD its anything but comical.

    In order to truly consent to sexual intercourse, a person needs to be an adult. While every state has their own laws about how old someone must be to agree to have sex, we can accept that theyre considered adults. As adults, someone should be able to appreciate the seriousness of having an STD. And, they should certainly appreciate how serious it is to give that disease to another person.

    If youve been the victim of this kind of behavior youre probably going to be embarrassed, and the last thing youre going to want to do is call a personal injury lawyer in Atlanta. But you must be at least somewhat angry as well. The bottom line is that, if someone knowingly gives you an STD , they need to be held accountable. This is especially true if the disease is serious, such as HIV or hepatitis. In fact, Georgia has deemed that both of these diseases are so dangerous that purposely transmitting them to another person is against the law. Not only will the person be facing criminal charges, but they will be facing civil charges as well.

    Criminalisation Of Hiv Transmission

    Many laws around the world appear to criminalise HIV transmission. However, the laws are often written so broadly or vaguely that they actually criminalise non-disclosure or HIV exposure. Where courts are faced with allegations of actual HIV transmission, they often erroneously assume the person diagnosed first passed it on. They also frequently misunderstand how science is unable to definitely show timing and direction of infection. As the Expert Consensus Statement on the Science of HIV in the Context of Criminal Lawstates, it is extremely difficult to conclusively prove HIV transmission directly from one person to another.

    In Uganda, the HIV and AIDS Prevention and Control Act of 2014 criminalises both intentional and attempted transmission of HIV. However, courts have made assumptions about what is intentional and assume that the person on trial, who was diagnosed first, must have passed it to the complainant.

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    Can I Sue For Sexual Battery

    Yes. Regardless of the state where you reside, you can sue your partner for sexual battery. For this cause of action, you would argue that not disclosing that your partner was HIV positive was tantamount to unconsented sex. However, whether you prevail depends on the facts and circumstances surrounding the sexual encounter.

    Hiv And The Law In Queensland

    [Withdrawn] 13,500 people living with an undiagnosed HIV infection in ...

    There is no specific law regarding HIV transmission in Queensland. Instead, the Public Health Act and the Queensland Criminal Code Act govern the transmission of HIV. As these two pieces of legislation have not been tested in great depth in Queensland Court, their exact and precise meaning is not known. However, the best way to understand your legal obligations is to interpret the law as it currently stands.

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    Kenya: Criminal Hiv Laws In Full Discussed In Thoughtful Article

    A reader from Kenya writes to inform me that, Kenya passed the Sexual Offences Act and the HIV Prevention and Control Act in 2006, and sections 26 and 24 of those acts, respectively, have rather broad provisions criminalizing HIV transmission.

    He provided me with a link to a very thoughtful article on the pros and cons of criminalisation HIV transmission from The Standard, which I reproduce below.

    These are the actual laws, available online at www.kenyalaw.org.

    26. Deliberate transmission of HIV or any other life threatening sexually transmitted disease.

    Act 14 of 2006 HIV AND AIDS PREVENTION AND CONTROL
    24. prevention of transmission.

    Law on Aids should be realistic and practical for it to be effective

    Std Transmission And Criminal Liability

    In some jurisdictions, an individual who intentionally infects someone with a sexually transmitted disease may face criminal charges. The life-altering nature of HIV gave impetus to many such laws, which were often passed without much debate. Criminalizing STD transmission is mostly based on the carriers prior awareness of his/her condition.

    However, in many of these cases, theres been no medical diagnosis or visible symptoms of HIV infection. This situation creates a murky area where intent is concerned. Can a party who didnt know he/she was ill be charged for intentionally infecting someone with HIV? These questions are hard to answer, and todays laws are usually written to prevent charges against those who were unaware of their illness.

    Conversely, there are many instances where a mentally disturbed person has maliciously and intentionally infected one or more people with HIV. These situations result in battery charges, as well as criminal liability for breaking laws related to the intentional transmission of sexually transmitted diseases. In some instances, a person in this situation can be charged with attempted murder.

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