If someone has sex with a lady and then the man doesnt tell her he has aids and then the girl gets aids and then the man is found guilty in court and is sent to jail for his actions.
is that an example of tort or criminal law?
2007-02-09 12:41:41 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
if you are sent to jail, it is criminal. If you have to pay money, it is tort.
2007-02-09 12:50:10 · answer #1 · answered by Andi 3 · 0⤊ 2⤋
This case can be tried under both the tort and criminal law.
Tort law involves monetary compensations. A person is not sent to jail after committing a tort. However, when one commits a tort they can also be criminall prosecuted and sent to jail. This case is a good example of that -- the situation you described would be the tort of battery. the tort of battery involves the intentional harmful or offensive touching of another without the other person's consent. In this case, the girl did not fully consent because she did not know that the man had an STD. When this information is not disclosed, the person who has an STD can be charged (remember when Magic Johnson was successfully sued by someone with whom he had sex because he didn't tell her he had AIDS? that was a battery).
it may also be a criminal action. if the man knew that he had aids and decided to have sex with the girl and decided to not tell her that he was infected because he wanted to infect her, then she would also have a criminal action against the man and he could be charged and imprisoned.
it is possible to have BOTH a tort and criminal action against a defendant based on the same underlying incident
2007-02-09 13:11:22 · answer #2 · answered by jdphd 5 · 0⤊ 0⤋
1
2016-06-02 20:45:05 · answer #3 · answered by Deena 3 · 0⤊ 0⤋
It is a civil offense, not a criminal offense. However, if there are certain aggravating factors, such as bringing drugs across the border, then it may become a criminal matter. Proving that someone was an illegal immigrant beyond a reasonable doubt would be almost impossible, and very expensive. So they make it a civil offense, that way they can use the preponderance of evidence standard to deport people.
2016-05-24 19:00:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Criminal law. Tort is spilling coffee in your lap and suing McDonalds for Millions because you burned yourself or when you seek medical help and the doctor tries his best to help you but cant and you then sue him for millions.
2007-02-09 13:00:04 · answer #5 · answered by pilot 5 · 0⤊ 1⤋
Criminal law, he knowingly exposed that lady to AIDS when he had sex, endangering her life.
She could not only have him sent to jail, but sue him as well.
2007-02-09 12:47:18 · answer #6 · answered by Carlene W 5 · 0⤊ 0⤋
Anything involving jail is criminal.
It would be considered a tort or civil if she sued him.
2007-02-09 12:48:12 · answer #7 · answered by Lisa S 3 · 0⤊ 1⤋
its torture for the girl because she has aids but criminal for the man because he was sent to jail.
2007-02-09 12:49:34 · answer #8 · answered by Simon 5 · 0⤊ 1⤋
Criminal. Torts have to do with civil remedies. i.e. monetary or injunctive relief
2007-02-09 12:48:07 · answer #9 · answered by obamaforprez 2 · 0⤊ 2⤋
it is consider attempt of muder if the guy or girl does not tell the other they have std
2007-02-09 12:50:00 · answer #10 · answered by corbig 1 · 0⤊ 0⤋