Getting a sexually transmitted disease (STD) is not just a health concern, it could be a legal matter as well. The laws regarding STDs vary from state to state. Most of the states consider the transmission of STDs as an offense, meaning you can sue someone for giving you an STD.

One woman in Oregon had sued a previous sexual partner for transmitting an STD and won $900,000. In another case, a woman had sued her former partner for giving her an HPV, and was awarded $1.5 million. Yet another woman, was awarded $52 million in a settlement after she claimed that her former partner had given her Chlamydia making her infertile.

In this article, we’ll take a closer look at the legal aspect how you can sue someone for giving you an STD, and how you can avoid being prosecuted in case you are suffering from a sexual disease.

About Legal Conviction for an STD

You can only get legal conviction for an STD transmission if you have knowingly, recklessly, or intentionally infected someone else. If you have been diagnosed with STD, and you later engage in a sexual activity, you can be convicted of an offense if you don't tell the person beforehand about the disease.

In order to avoid any legal trouble, it's important that you inform your sexual partner about your STDs. If it is proven in the court that you knew about the disease and that you intentionally transmitted the disease to another person, you can be sued for giving someone an STD. You will be charged for recklessly exposing someone to the disease. In California, in fact, even if a person did not contract an STD, they still have the right to sue for exposure.

Consent is Necessary

Most states have laws that prohibit a person from being prosecuted for transmitting an STD if there was informed sexual consent. Consent requires that all parties be aware of potential STD infection, and continue to engage in sexual activity. If informed consent is applied, then you cannot sue someone for giving you an STD.

You should note that there are some states that do not allow informed consent exception. Even if a person infected with the STD discloses the information, the person can be convicted of an offense.

How to Avoid Prosecution for Sexually Transmitted Diseases?

Since you you can be sued for giving someone an STD, the penalties for not disclosing information about an STD are severe in the majority of the states. Most state laws consider the crime a felony, while some consider it a misdemeanor, but in both cases it carries a heavy penalty.

If you undergo an STD test ant found positive, you should avoid having sex until treated. Also, if your state laws allow sex after informed consent, you should disclose the information about STD infection prior the engaging in a sexual intercourse. Make sure that the consent is in written form to avoid any legal problems. Getting an STD test is also important to make sure that you don't recklessly transmit the disease to another person. 

Contributor: admin