Sexually transmitted diseases (STD) are becoming increasingly common. If you contract one of these infections, your first thought might be about the person who infected you. In many cases, there is more than one way to pursue this issue, so read on to find out more.
It May Be Criminal
You might want to begin by identifying the person responsible for your STD. In some cases, you may even want to report it to the police. Even though it may be the last thing on your mind, this person might be infecting others without regard to their health. While having an STD is not a crime, transmitting it to others may be considered a form of sexual assault. The reasoning behind that goes to whether or not permission was provided. Sex without permission is assault. If you had known the person was infected with an STD, you would not have given permission and so, therefore, it was sexual assault. As you can imagine, few people go to any length to file charges against a sexual partner, but it remains an option for victims.
It May Be Fraud
Another way of looking at things from a civil law point of view is by way of fraud. Given that you did not know you were engaging in sex with someone with an STD, you were likely misled. The sexual partner either lied or did not inform you of their infection. Unfortunately, some will claim they did not know about the STD as a defense. If you want to pursue this course of action, you can file a personal injury lawsuit for fraud. The judge can compel the release of medical records to show whether the person was aware of their disease.
It May Be Negligence
To show negligence, the victim would need to show that the person had reason to know about the STD but engaged in sex anyway. It's not necessary to show that the person knew about it — just that they should have known about it. Things can get ugly in situations like this. For example, proving that the plaintiff knew about the infection might involve answering questions about past sexual partners, infidelity, promiscuity, and more. If you can show that the person had a lifestyle that would have given cause for testing for an STD, you might have a case.
These issues are sensitive and seeking money damages can be stressful. A personal injury attorney can provide more information about being paid compensation for either fraud or negligence if you have contracted an STD and want to pursue legal action.
