Herpes is an STD (sexually transmitted disease) caused by two (2) viruses:
- Herpes simplex virus type 1 (HSV-1)
- Herpes simplex virus type 2 (HSV-2)
HSV-1 causes oral herpes, which results in fever blisters around the mouth or cold sores, while HSV-2 causes genital herpes.
Herpes is a common virus whose impact extends beyond physical symptoms, affecting legal matters, well-being, and even relationships. If you contracted herpes from someone, you should consider seeking compensation for damages. But you might be curious to know if legal options are available.
Can you file a lawsuit against someone who gave you herpes? This article will shed more light on this question.
Herpes and its legal consequences
As explained above, herpes can be contracted through skin-to-skin contact, mostly during sexual activity. Many unknowingly walk around with this virus, as its symptoms may not be recognisable, seen, or always present.
In the world of law, claims involving herpes transmission are often found under civil law, especially personal injury claims. Whether you can file a lawsuit against someone for giving you the virus depends on numerous factors, which include consent, your actions as the affected person, and your relationship.
Consensual meetings and legal responsibility
Determining who is responsible legally for transmitting herpes in a consensual encounter can be pretty challenging.
While every individual has a responsibility to tell their sexual partners of their STD status, proving negligence or civil battery in court will require showing that the person infected with herpes intentionally transmitted the virus.
In an event where the infected individual failed to disclose their STD status or lied about it, in spite of knowing they have the virus, you can pursue legal action. However, to establish actual knowledge and intent, you must provide substantial evidence, such as communication between the parties involved and medical records.
Non-consensual encounters and liability
In cases of sexual assault or non-consensual sex resulting in herpes transmission, the legal consequences are more severe. Aside from civil suits, the defendant may face criminal charges for their actions.
In cases like this, the prosecution must have the burden of proof to establish that the perpetrator’s actions brought about sexual assault and intentional exposure to the virus.
If you are a victim of non-consensual encounters, you have the right to seek justice through your state’s criminal justice system and financial settlement through civil lawsuits.
How to prove liability in herpes cases
Establishing liability in lawsuits for herpes transmission requires you to demonstrate that the evil actions of the defendant led to you contracting herpes. What to prove includes the following.
Duty of care
In any relationship, whether casual or long-term, there’s a basic expectation of honesty, especially when it comes to health. If someone knows they have herpes, they have a legal obligation to disclose that to their partner or take steps to prevent transmission.
When someone fails to meet this standard, they’re violating their duty of care, and this is grounds for holding them accountable should you find yourself a victim of herpes.
Breach of duty
The defendant did not fulfil their duty of care by either failing to inform the other party of their STD status or knowingly exposing the victim to the herpes virus.
Damages
You have suffered emotional, financial, and physical harm because of the herpes infection.
Causation
You’ll need to show that their failure to act responsibly directly led to you contracting herpes. Medical records can show when you were diagnosed and how your condition progressed.
Text messages, emails, or other communications might demonstrate that the person knew their status but didn’t disclose it. And in some cases, witness testimony can provide additional context to the case.
Tim Williamson, a psychology graduate from the University of Hertfordshire, has a keen interest in the fields of mental health, wellness, and lifestyle.
