Can you be sued for giving an STD to someone knowing you had it??? PLEASE READ BELOW?

Question

So,
my brothers girlfriend of 2 years at the time, had an STD and she knew about it becuase someone raped her and thats how she got it... My brother didnt know this until AFTER they had been intimate... And even then she didnt tell him until a year later when it was to late to do anything about it. Its not HIV but its still an STD that she INTENTIONALY gave to him. Is there anything that he can do? He can take her to court right? cant he put her in jail? or something?

Answer 1

yes he can, that is intentionally harming another person, it was no accident she knew the whole time what she was doing. You would have to discuss this with an attorney of course, but i am sure you could sue. just you would have to prove she knew she was infected. good luck

Answer 2

The law states that anyone who knowling transmits an std knowling can be prosecuted. However the other party has to prove the first party knew and intentionally infected the other party. With regards to HIV or aids, the party of the first part knowling transmitting can be prosecuted for attempted murder by the second party. Again it has to be proven they knew and intentionally did it.

Also, an attorney will argue that safe sex practices should have been used which shows both parties are guilty. This is a rough call but no she cannot go to jail, he can try to sue her but for what? Dr. bills and meds? If she has nothing he will get nothing.

Answer 3

I would say, yes you could sue-you can sue for anything these days. But that is seriously wrong what she did. She should've given him the option, not taking it upon herself to decide. Depending on where you live, it may fall under a battery or assault charge, depending how it reads in the statutes. Or your state may have a statute that addresses that. Usually it's something that "causes serious physical harm" for a battery charge. I would start by contacting the health department and see what they have to say first. They're usually pretty strict on that kind of stuff, or at least that's the impression I've always had. Then contact an attorney. But, if she doesn't have very much, it may not be worth the court costs and aggravation to go through a civil suit. Maybe try to get something to force her to pay the medical bills for it.

Answer 4

Criminally, it might be hard to convince a district attorney to go after this kind of thing. However, it's not unheard of.

Civilly, it sounds like he has grounds for a battery case. He would need to prove that she intentionally gave it to him, OR that she acted very recklessly in negligently giving it to her (sounds like this is possible upon the facts you present). In addition, he have have to prove other facts, depending on the state (for example, he'll likely have to prove harm - in damages terms [medical bills, time off from work to go to the doctor, reduced quality of life, etc.]).

It's kind of awful, but he should also know that civil suits require a public filing, so if he does bring a suit, that file will be open for the public to review. This may not be so good if he's trying to keep it quiet. The court could conceivably seal the proceeding, but this is EXTREMELY rare and unlikely to happen.

Good luck!

Answer 5

General Information Only: This type of thing has the potential for a civil lawsuit. Battery is the obvious cause of action. Intentional infliction of emotional distress is another. Negligence is still another. Negligent infliction of emotional distress.

The potential of a criminal action depends upon the law of the jurisdiction.

This kind of thing is extremely fact sensitive. Also recovery depends upon the assets of the potential defendant.

My advice is to contact a lawyer.

Answer 6

WELL IF HE CAN PROVE THAT SHE DID IT INTENTIONALLY TO HARM HIM THEN YOU CAN HAVE A TYPE OF ASSAULT.
HE MAY BE ABLE TO SUE HER FOR MEDICAL EXPENSES BUT ANY CHICK THAT IS NASTY ENOUGH TO LIVE WITH AN STD AND NOT DO ANYTHING ABOUT IT IS NOT WORTH THE TIME. SHE PROBABLY HAS NOTHING SO WHAT WILL YOU'RE BROTHER GET? TELL HIM TO MOVE ALONG AND LET EVERY ONE KNOW THAT SHE HAS AN STD. HE WON'T GET FAR IN COURT.

Answer 7

You are going to have a hard time convincing a DA to pursue this criminally.

But it sounds like a good civil case of battery. She won't go to jail but your brother could get money from her. (Medical bills, pain and suffering, etc)

Have him speak to an atty.

Answer 8

Yes, he can sue her. If he wishes to prefer criminal charges, he would have to talk to the District Attorney in his county. Intentionally injuring another person is battery. Proving beyond a reasonable doubt that the girl friend intended harm to your brother might not be possible.

Answer 9

I think he should be able to sue her for it but it might be a tricky situation but if he is prepared to go the distance and feels strongly about it then yes as it appears to be a form of offences against the persons additionally if she is being psycho about it she might just keep spreading her STD.......are you sure he didnt know .

Answer 10

idk..... if it were HIV than yes you could sue, and they would go to jail. but im not sure about other stds. although you could argue, that because she knew about it and did not disclose that information to your brother...... she intentionally gave him the std.... if anything it would be reckless endangerment and risking and causing catastrophe right? IDK (at least those would be associated charges; you never get just one!!) but those arent enough (if its an m1) to put her in the slammer for a while.
you need a good argument, thats provable that not only did she intentionally give it to him, but that he is harmed because of the std... that his quality of life is hindered/retarded because of the std. if its on purpose though could you argue that as malice? i mean.... like really stretch it? idk.... you have to be creative..... make the laws work for you but not twist them so badly they are totally out of context... you know?