By Shaun Murphy
According to the court of appeal, the legislation is supposed to protect a plaintiff against illness by a defendant or any other infected party that knows or should know he or she is infected with a sexually transmitted disease.
What You Should Know From The Court of Appeals
The Court of Appeal in recent cases has concluded that a defendant who’s not aware of their infection with a sexually-transmitted disease cannot reasonably be held to accountability for their spouses about or to protect a spouse from the transmission of these ailments.
In a recent case, it was concluded that the case lacked evidence based on the suggestion that a symptom of genital herpes or of venereal warts was illustrated by the appearance of drippage. The assertion was that an individual infected with an STD (other than HIV), supported by lab testing, is legally required to disclose their status to a different partner before engaging in sexual intercourse with this person.
An individual who has been aggrieved due to infection from an STD has a right to action in the law and may receive damages for any negligent violation, may receive actual damages or money for every willful or reckless breach. Additional damages comprise lawyer fees, expenses, or other aid (such as an injunction), as the court may deem appropriate.
California Law – What Is It?
Any individual who, knows they are infected with an STD, has sexual intercourse with another, if found guilty, now receives a misdemeanor, according to the latest California law.
If the infected individual fails to disclose knowledge of an STD to their sexual partner, it can be a crime. If the defendant knew he was infected with the Herpes Simplex Virus and the defendant committed fraud by telling the Plaintiff they weren’t infected, this can be harder to prove.
The case could also be assault if the Defendant has cheated and had sex with another person and then their spouse or current partner after being infected.
Sexual Injury Claims
SBEMP in Palm Springs and San Diego manages cases involving national sex torts in the transmission of sexually transmitted diseases. To find out if you have a claim of negligence, a plaintiff would need to demonstrate that the defendant knew or ought to have known, in the time of the sexual contact, the person could have transmitted a communicable disease.
To schedule a consultation with our Palm Springs sex torts attorneys, please contact us at (760) 322-2275.