Know Your Rights When it Comes to HIV and STD Disclosure

News of actor Charlie Sheen’s status as an HIV positive man has sparked talk at the water cooler and in the legal field over disclosure of sexually transmitted diseases. Several states already have legislation in place for persons that fail to inform sexual partners of their STD status. These laws typically apply to incurable diseases or those that can cause irreparable health consequences such as HIV, Herpes, HPV, Hepatitis and Syphilis.

Is it a Crime to Transmit an STD?

In California it is considered a crime to willfully transmit an STD to another person. In the case of Sheen, if he engaged in sexual activity after learning of his diagnosis and did not inform his partners, he could be criminally prosecuted. Though this is a relatively straightforward law, it can be difficult to prove willful intent in a court of law.

Rights of Victims in STD Cases

In the event that the perpetrator is a not criminally prosecuted, a potential victim still has the right to pursue the matter in civil court. Victims can seek monetary damages for any mental, physical, social or psychological injuries suffered as a result of the perpetrator’s negligence. A qualified Palm Springs Personal Injury attorney can advise you of your rights in a situation like this.

What to Do if You’ve Received an STD with No Prior Disclosure

If you or a love one may have been exposed to an STD with no prior disclosure, it is important to seek a qualified Palm Springs personal injury attorney. An experienced attorney will walk you through the legal process and keep you informed throughout the life of the case and fight to have justice served.

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