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Woman sues man who allegedly gave her an STD

Michelle Sobel Oct. 18, 2011

One of the best ways to avoid developing a sexually transmitted disease (STD) is to have open communication with partners about sexual history and health. Now, failing to disclose an STD before having sex with someone may become a sue-able offense.

A woman in Wisconsin is attempting to sue a man who she believed she contracted an STD from for not telling her that he had the infection. When she found that she had herpes, the woman contacted her sexual partner to find that not only had he been aware of his disease for 10 years, he had not been taking medication to control it.

There is no cure for the STD, and it requires a lifetime of medication to control the symptoms. The woman is seeking $350,000 in damages, claiming that she suffered physical and emotional damage due to the fact that he did not disclose his sexual health information.

Traditionally, spreading an STD has not been the basis of a lawsuit, but states are beginning to allow these cases to be argued. However, in order to be successful, the plantiff must prove that the defendant was the person who gave them the STD and that they were aware of their condition and purposefully put the plaintiff at risk.

The outcome of this case may determine if laws change to allow individuals to prosecute people who knowingly spread STDs. 

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