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cheated-on

Statute of limitations to press charges for transmission of herpes?

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cheated-on

I was wondering how long after my diagnosis would I be allowed to press charges against the person who gave me HSV2 because they did not inform me that they had it. I was diagnosed in September 2016 and live in Illinois. So far I haven't been able to find any state-specific information online and don't want to get a lawyer unless I know I will have a case.

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cheated-on
4 minutes ago, WilsoInAus said:

I think more about your story would be needed to suggest wisely to you.

My boyfriend gave it to me 6 months into our relationship. Once I found out I tested positive (got tested because of an extremely debilitating first outbreak, only to find out it was this), he admitted he had it. He didn't say whether he previously knew he had it or not, but I don't get how one could not know even if they don't have any outbreaks after the first one (because the first one is still painful af). We are still together because I feel like I'm ruined and no one will ever want me again, but the relationship has been somewhat rocky and if we break up soon, I would possibly like to press charges to seek reparations for the way this has affected me.

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Quest

Why not pull up some law cases and see how they are defending themselves. I think you will be shocked to find it is just not as easy as you think.

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WilsoInAus

In Illinois it is not a punishable offence to infect someone with an STD (except for HIV). Hence he cannot be charged.

You can however file a civil suit. These are only successful in certain circumstances. You'd have to establish what you have 'lost' and a basis for the punitive compensation you're seeking.

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stronghands87

I’m not sure what it is that you expect to gain and I imagine any competent lawyer could put up a formidable defense against such a suit 

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Michael1022

You have zero point zero chance of suing him. Focus on what is best for your life regardless of having herpes.    You are not tainted.   

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TCBH

I think you'll have to establish if he knew he had it already. Has he been tested before?  Did you both get tested for STDs before you had sex?

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cheated-on
5 hours ago, TCBH said:

I think you'll have to establish if he knew he had it already. Has he been tested before?  Did you both get tested for STDs before you had sex?

I did (for everything, even the ones not on the basic test), and he said he did but I didn't personally see the results

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TCBH
On 3/22/2018 at 4:00 PM, cheated-on said:

I did (for everything, even the ones not on the basic test), and he said he did but I didn't personally see the results

 I had the same thing happen to me.  I tested for everything and he said he did too but I didn't see his results....just took his word.  Somehow I magically was infected.(SMH!) New motto: Trust but verify...hate to say it but many men don't like seeing the doctor and my guy probably said to himself, I don't have any symptoms of an STD, why test?  I'm good!  I haven't litigated but believe me, it's crossed my mind.  Personally, I'd like to see testing for HSV mandatory on all STD tests.  I know the argument for leaving it out but being infected hasn't been pleasant for me and I don't want to see others suffer the same.

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  • Posts

    • Balancelife
      When who gets a positive test? I have already tested positive (as you and I have discussed multiple times in other threads and I state here) and HIPA would prevent me for getting his results unless he willingly provides to me, but as I’ve also stated HE won’t get tested.  Ya can’t get blood from a stone. He has nothing that would even start to compensate for the pain and suffering, let alone the missed work because of the pain! 
    • WilsoInAus
      @Balancelife when you get a positive test, sue him!
    • JHenry
      Read what I wrote and start Googling.  Both the Einstein College of Medicine (William Jacobs and Betsy Herold)  and University of Pennsylvania/Trivalent (Harvey Friedman) seem to believe they are on the right track and have established relationships outside of their respective universities.  Yes, it’s early, but they are taking the bat and readying to swing at HSV.   Cross those fingers and stay positive!  
    • WilsoInAus
      Where ever you are trolling, I’ll be right there.
    • SeanHanson
      Fingers crossed!! Could you elaborate a bit on the research or maybe post a link to it? Definitely could be a little light in the dark 🙂
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