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fanou

Herpes and Law

10 posts in this topic

I have been living with Herpes for the past 3 years.

I have read some of the posts where a lot of people are asking when and how to tell. I just want to add a note to remember to all of you:

Infecting someone with Herpes without their knowledge can fall under assault and battery.

Though you may have been with someone for a while. Let you partner know before engaging in any sexual activities because the other peson can turn around and sue if he/she gets infected.

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That's hard to prove tho because I never knew I had it, until the guy I was sleeping with said I gave it to him

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The guy who gave me herpes knew it. He works at a bar and is EXTREMELY permiscuous!!! Which I did not know, because it was one week after my 21st birthday, that we started sleeping together :( . I asked my doctor if I could sue him, because he knew and thus far everyone has told me no, so I'm not sure what you're talking about.

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I too went to the police about the guy who infected me because he had knowingly infected many others as I have just found out, and they say as long as I concented to sex there is nothing I could do. There is no such a law here in Canada, I wish there was cause I would hang the bastard that gave me this in a heartbeat. I have also contacted the ministry of health, and the public health department in regards to him and spreading it and guess what...there is nothing they can do either. Unfortunatly there is nothing anyone can do about it. These people can give it to who ever they want.

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suing for herpes

Giving herpes is not a criminal offense but there are possible civil actions. A intentional infliction of emotional distress claim is possible. You will need to prove 1) They knew they had it; 2) They didnt tell you they had it and failed to take reasonable precautions to not spread it; and 3) They gave it to you.

This is not an airtight case but my advice would be if some asshole knew they had this and gave it to you anyway take their ass to court. It may be embaressing to bring this suit but just think of how the a$shole who is spreading this will feel.

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tough case

That's true enough, you could take civil action. But keep in mind - this virus is wierd - it goes dormant in people or can be totally asymptomatic. Unless you've had NO sexual experience in the past, how do you prove it's that guy? The sole fact that you didn't have symptoms previously will likely not suffice. You could have come in contact with it previously without really knowing. Also, bear in mind that your entire sexual and health history will be fair game. You would likely be seen as having taken at lease some risk if you consented to sex without knowing his sexual background.

I'm not trying to discourage you, but unless you're a 14 year old virgin, it would be hell on wheels to go through a court case on herpes.

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If you think about it, you cant prove they knew they had it or that they gave it to you. It would definately not be something id suggest spending all that money on going to court for...

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proof is in the medical records

by subpening (spelling is wrong) medical records such as perscriptions given. you could prove a person knew they had it. just like an HIV positive person suspected of spreading that virus..... but think is it really worth all that extra stress......

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I got it from my ex boyfriend who never knew, but he called the only girl who could have given it to him and she said that she's known she had it since the year 2000!What should he do about it?

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I got it from my ex boyfriend who never knew' date=' but he called the only girl who could have given it to him and she said that she's known she had it since the year 2000!What should he do about it?[/quote']

You cant do anything, its not a deadly disease. If it were AIDS it could be considered, but your basically not going to go anywhere going after someone who gave you herpes.

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