Lawsuits for an STD & HIV Infection | Payouts for Pain & Suffering

Civil laws pertaining to the intentional exposure of an unknowing individual to sexually transmitted diseases and infections by a knowing partner allow for damage claims against defendants. These rights pertain to both consensual and nonconsensual sexual encounters. Additionally, civil legal rights held by victims are further bolstered by criminal laws, which depending on the state of jurisdiction; make it a crime to knowingly expose a consenting sexual partner to an STD without their consent or knowledge. Other states, however, only make criminal the act of knowingly exposing a sexual partner to HIV/AIDS without disclosure of this fact beforehand. In instances of nonconsensual sexual contact, these criminal charges are also applicable alongside any other charges related to the nonconsensual sex crimes allegedly committed by a perpetrated, as well.

How to Take Legal Action for an STD Infection

When it comes to the civil liability incurred by perpetrators of intentional STD transmission cases, victims have numerous legal rights when it comes to filing civil suits against named defendants. The integral elements of a successful claims case in instances of intentional STD transmissions include:

Providing the burden of proof, which establishes with more than the burden of proof that the named defendant did knowingly transmit to the plaintiff a given STD, which entailed causing damages to the plaintiff
The statute of limitations regarding a given civil suit must not have expired, which typically commences once an injury or damage has been recognized by a plaintiff. Statute of limitations widely vary according to jurisdiction, type of STD transmitted, and numerous other considerations

Monetary Damages that Can be Recovered

The STD transmitted poses serious or significant enough financial considerations to reasonably cause serious damages that will be recovered to a plaintiff, including the cost of filing the lawsuit itself
Damages that can be recovered from the Victim through filing a succesful lawsuit include items such as prolonged medical costs to treat the given STD, psychological trauma, pain and suffering, and infliction of emotional and mental distress, among others. Even punitive damage awards may be awarded, in case and jurisdiction specific circumstances

Laws for STD Transmission and Consequences for the Accused

Civil and criminal laws in each state deal differently with the question of the legal liability a knowingly infected partner has when exposing an uninfected and unknowing partner to sexually transmitted diseases. First, the defendant must have known of their condition before a given sexual encounter. This means that defendant in these cases must have deliberately failed to inform their partner of their HIV/AIDS status, or of any other communicable sexual disease in some states, while being aware of the inherent risks associated. Normally, any medical testing that confirmed the status of an individual as infected with a given disease is sufficient in proving this knowledge.

Each state, however, posses unique laws and criminal penalties for transmitting an STD. The following states do not possess laws criminalizing the intentional infection of another with an STD, including:

Arizona
Connecticut
Delaware
Hawaii
Maine
Massachucetts
Nebraska
New Hampshire
New Mexico
North Carolina
Oregon
West Virginia
Wisconsin
Wyoming

Are you looking for help to file a lawsuit for wrongfully being infected with an STD? Consult with a lawyer for free and determine your options for filing a criminal or civil lawsuit.

Of the remaining states that do possess criminal laws related to STD transmission, a large fraction of these states only possess laws related to the transmission of HIV/AIDS exclusively and do not include other communicable sexually transmitted diseases.

Typically, criminal charges include high misdemeanors and in most states, felony offenses with sentences ranging from less than one year of incarceration to over ten years of incarceration for knowingly infecting another individual with a sexually transmitted disease. However, as noted above, not all states include criminal remedies for resolving the transmission of STD’s to unknowing partners, while others only provide for the transmission of HIV/AIDS. Aside from criminal cases, victims in all states do have other legal rights and remedies in the civil courts in order to recover damages from negligent or liable parties causing sexually transmitted infections.

Getting Legal Help from a Lawyer

If you feel that your partner knowingly exposed you to any STD, including others besides HIV/AIDS, there is legal recourse in the civil courts, as well as possibly the criminal courts. Having a Personal Injury attorney investigate the specific details of your case, as well as advise you of your rights as a victim, is essential to making any informed decisions before filing a suit against others for intentional infliction of an STD. If you are accused of transmitting an STD and are being threatened legal action along with criminal charges, consult with a criminal defense lawyer immediately to be aware of your defense options.

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