If your husband had unprotected sex, is that attempted murder?

Question

My husband had a one year affair, That I just found out about. I have since said no more- you gambled with my life and lost. Having unprotected sex repeatedly and then comming home for more- I considder this a blatent disregaurd for my health- I have called her to find out what I need to get checked for,but she wont answer my calls-
Is this attempted murder, since sexual diseases KILL?

Answer 1

Attempted murder requires a specific intent to kill. This is acting in such a way to directly cause the death, intending the result of the action to be death.

If a person knew they already had AIDS and that it was communicable, and then had unprotected sex, some courts have found this meets the requirements for attempted murder, if there was the requisite intent to kill.

But just having unprotected sex, absent the specific intent, is (as described) merely being careless or stupid. Which is at worst criminal negligence, absent any other specific knowledge of actual danger. If death resulted, that would possibly be involuntary manslaughter or negligent homicide, depending upon the jurisdiction.

But you can't have attempted negligent homicide, because as noted above, attempt requires the specific intent to bring about the result (death).

Answer 2

You can't force faithfulness with any law, so if in the worst case scenario you contracted HIV as a result of his infidelity you'd have to proove;
1. That it wasn't a pre-existing condition(HIV can lay dormant for quite some time)
2. That it was a result of this affair.
3. That he was aware of his condition and put you in jeopardy under his own free will.

Number 3 is the main one he'd have to be aware that he is putting your life at risk, perceived threats and actual threats are two different things.
When it's all said and done It'd be manslaughter if the disease is guaranteed to kill, but then you'd have to be dead before charges could be laid. Since most sexually transmitted diseases don't kill they just annoy you don't really have a legal leg to stand on simply because there's no guarantee you'll die from it or came close to dying from it. I'm sure you feel violated and hurt but attempted murder is making a mountain out of a mole hill. You're married right? Take his money.
Criminal suit= NO
Civil suit= YES

Answer 3

Sorry about the hanky panky thing. I think the real sad part is that sex nowadays, what with STDs, really sucks. I've never had to worry about that (brag, brag). When I was a teen the worst STD was the clap (gonorrhea), syphilis, or herpes, and yuck, crabs -- all of which are very much treatable. Never used a prophylactic in my life - ewwww. Married for 25 years. I feel a bit sorry for what young people have to deal with just to engage in a simple little bit of lust. As far as attempted murder goes, I suppose you could make a criminal case if your husband knew he was exposing himself to a fatal disease (like AIDS), but chances are that he wasn't worried or even thinking about the possibility of transmitting anything to you. Maybe he should have been thinking about it, but for a criminal charge, you do have to prove intent, "with malice aforethought." For a civil case (you know, for $$$), you could make the argument "He knew or he should have known." If a jury buys it you may be one rich lady after the divorce. Of course, if your hubby is slinging burgers at McD's, I don't suppose there's any deep pocket to dig into. Anyway, the first thing you should do is check if you have anything. You know, go see a gynecologist.

Answer 4

Not attempted murder, no. If you could show that your husband knew that his mistress had a disease that, if transmitted to you, could endanger your health, then I'd guess you might be able to make an argument for reckless endangerment.

In any case, you should be talking to a lawyer (which I am not).

Answer 5

if he knew he was carrying a deadly disease and he didnt let you know b4 he had unprotected sex with you then i'd assume it would be some kind of attempted murder.

did u really think calling the women he was having the affair with and asking "oi what diseases do u have?" would result in her sitting down and listing them for you????? see your doctor tell him the circumstances and have the usual tests for STD's

Answer 6

Rational thought goes out the window when under stress. Think clearly – do not generate paranoid scenarios as excuses to upset other peoples lives.

Focus on your own physical and mental health by living well.
Its a big place.

Answer 7

As much as you'd like it to be catagorized that way, the nearest you'd ever be able to come would be along the lines of your husband having sex with a woman with HIV, he knows it and acquires it himself, doesn't tell you about it, and then has sex with you intending to transmit a deadly disease to you. I don't think that's what happening, and agree with the other answerer that your problem is more of a domestic disaster.

Answer 8

These kinds of thoughts result from your outrage that the dude was unfaithful. Just face the fact that you are plenty pissed off and insulted, divorce the guy, and get on with your life. It's easy to say, but hard to do, for sure. But you gotta stop torturing yourself.

Answer 9

You didn't have to have sex with him. I do not think this qualifies as attempted murder, especially since his intent was not to kill you. At most it could be considered manslaughter, IF you die from an STD.

Answer 10

Call a GOOD lawyer and see what can be done, who knows maybe you will make history with a ruling in your favor. Good Luck, men like your soon to be EX are usually very selfish men, sorry he did this to you.