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Legal implications of knowingly passing genital herpes


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So, I'd really appreciate some feedback from this forum on my question, what are the legal implications if somebody knowingly passes genital herpes? I am asking because the story of my giver turned pretty bizarre yesterday. He so far left me under the impression that he did not know he had genital herpes (HSV-2) until he took the test upon my request. Yesterday, I met with a girlfriend, who knows my giver very well, too, and it fact was romantically involved with him a little while back, before he and I met. He told her back then he knew he had genital herpes!!!

When he and I started sleeping with each other I specifically asked if he was STD tested and aware of anything. He said he was tested (he didn't say how recently), but should prob get tested again, and that he did not know of anything of concern. I do not mean to defend my own risky behavior. Obviously, I WAS stupid trusting somebody so easily, but nevertheless, I DID give him the chance to disclose whatever he had to disclose.

So, it seems he straightup lied to my face the entire time, and there seems to be plenty of proof for it. Apart from this being really frustrating and making me lose my faith in humanity, I do wonder if what he did is illegal. I found this site http://www.levineblitca.com/std-lawyer.php which says according to California Public Health Law §3198 "any person who, knowing himself or herself to be infected with an infectious venereal disease, has sexual intercourse with another shall be guilty of a misdemeanor." Also, this article is pretty interesting http://www.oregonlive.com/portland/index.ssf/2012/06/herpes_verdict_in_portland_wom.html

 

Has anybody ever heard of someone suing his/her giver? What are the chances?

 

I know I should probably let go of the whole issue, but I am really upset. Thanks!

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Yes, the woman in Oregon, a well-publicized case, sued a man (a dentist) she met on Eharmony who had sex with her without disclosing. The jury awarded her $900,000. Of course, in that situation, the jury may have been influenced strongly by the giver's career and presumed medical knowledge. I have not researched it throughly, but I would certainly inquire with an attorney because it sounds to me as though there may be some liability there.

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