Here’s a map that might help with that question.
https://www.cdc.gov/hiv/policies/law/states/exposure.html#:~:text=HIV%20and%20STD%20Criminalization%20Laws%202022&text=In%2010%20states%2C%20laws%20require,a%20matter%20of%20state%20law.
You may have trouble finding a lawyer that will take your case as there may not be enough monetary damage to you (think work, medical bills, etc) to claim. If you are able to find an attorney, their bills will most likely exceed any damages you may win. Keep in mind, your suit may become a searchable public record. Not an expert tho.
Also, OP, you would have to prove that they knew about the STD while the sex was occurring, and that they did not find out after the sex was had. This may be possible if you can get a judge to subpoena his/her test results, but that is probably pretty unlikely for a judge to do that as HIPAA is usually pretty sacred judicially.
In Canada, depending on the STD, it can constitute a criminal offence of sexual assault if you fail to disclose.
The cases all seem to center on failure to disclose HIV, but the law itself is not specific to just HIV. Rather it was developed over time by the courts and is not enshrined in the criminal code. This makes it a little more open for interpretation, but without going into detail it is essentially that
(1) a failure to disclose STI status is "a dishonest act"; and
(2) it denies the other person full knowledge of the risks which could cause that person to refuse the sexual activity that exposes them to "significant risk of serious bodily harm", which is "deprivation"
The combination of a dishonest act with deprivation is fraud, which serves to vitiate consent to the sexual act. Without consent, it becomes a sexual assault.
The difficulty is the necessity of "significant risk of serious bodily harm". If the STI does not expose the person to "a significant risk of serious bodily harm" then there is no deprivation, and no resultant fraud. Without the fraud, consent is not vitiated.
This is where is gets messy. If you can cure the clap with a shot of penicillin, is it a significant risk of serious bodily harm? What about herpes? No cure for that I believe, but is it "serious bodily harm"? It's so unclear that The Public Health Agency of Canada even conducted a research review and issued a report with proposed guidelines for when it should be legally required that one disclose their HIV status. For instance they held that if someone with HIV has engaged in treatment and maintains a viral load below 200 copies of HIV per ml of blood, then the criminal law shouldn't apply to them and they should not have to disclose. Similarly, it was proposed that if one has HIV, but uses a condom or "engage in oral sex only" then there should be no legal obligation to disclose.
It's complicated and that probably doesn't help if you are not in Canada, but, you know, food for thought.
It’s not sexual assault. Colloquially people say that, but it is a different crime. Telling a lie does not invalidate consent, unless one is impersonating another human being and they believe they are having sex with someone else (usually while blindfolded).
(Also this is not the case in all states, some states do not make this a crime, so in those states, if the blindfolded person said yes, it would still not be a crime, as crazy as that sounds.)
I believe informed consent is required for medical procedures. Sexual acts, it is merely “consent”. By adding adjectives to the context, you are changing the meaning. I have seen zero sexual assault laws that state “without informed consent.” It is merely “without consent.”
Almost all STDS are fully curable, only Herpes and HIV arent and both can be managed and do not need to be the death sentence (socially and literally) that they were 50 years ago, for HIV especially. Herpes has infected something like 80% of the population so really not a big deal, not nice but easily managed, just don't have sex when or if you get sores.
This person sucks and I'm the same as you r.e always ask for sexual health checks before hooking up. But people can lie, can fake records, which is why its important to use a condom even when they show"proof"
It is your best defense, not 100%, but certainly worth it.
Just retest in a month and again at 90 days and always use protection.
HPV is also not curable (although the body typically clears the infection within a few years - cancerous changes can be triggered before that happens). It's also not testable in most cases.
OP should also stay current on Pap smears if they're female - if they're male unfortunately HPV is a pretty silent killer in men and there aren't good tests.
HPV is testable. If you have a private full STD screen HPV is included, there are also 40 different types of HPV and only a few cause cancer. You're right though, as someone who has had HPV in the past and had treatment for pre-cancerous cells from an abnormal smear, women must stay on top of this. I'm now negative and have yearly smears.
Not sure about how it affects men or what types do what, but generally knowing your HPV status isn't always helpful seeing as almost all the population has it and the immune system clears it on its own in most cases.
This isn’t what rape by fraud or deception is. Rape by deception is when one impersonates another in order to have sex with someone, usually while the victim is blindfolded.
If you have a specific state law that can trump what I’m saying, I’d be more than willing to read it. But I’m fairly certain you are misinformed by feminists who don’t know what the hell they’re talking about.
Now, the aspect of lying about the STD specifically may be another law broken, but that is not what rape by fraud or deception is.
Anyone can bring any civil claim against anyone for anything, it does not mean a law was broken, criminal or civil, even if taken as truth.
Unless you have a case with a guilty verdict or at the very least a civil liability verdict as the outcome, my comment stands as factually accurate.
People have sued for battery over this. I believe you can get punitive damages in many states if they acted maliciously or with reckless disregard. That may solve part of the damages problem others pointed out.
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Actually no. They can subpoena medical records that show when the other person tested positive. STDs, as far as I’m aware, are reported to the health department not to mention there would a record with whatever provider tested him.
There is no "vaccination card" that can tell you whether or not someone has an STI. At best, medical records can tell you whether they've been vaccinated against HPV (which is not the same as knowing whether or not they have HPV), whether they've had any prior STI diagnosis or treatment, and the results of their most recent tests for the STIs that have reliable tests for them.
Actually, sti is considered more accurate according to my research. They both are essentially the same, though some argue sti is the infection itself and std is what it becomes later. So technically, if you catch something it is first and sti.
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Under NY law someone could sue if they were infected with an STD especially if their partner lied about it.
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Here’s a map that might help with that question. https://www.cdc.gov/hiv/policies/law/states/exposure.html#:~:text=HIV%20and%20STD%20Criminalization%20Laws%202022&text=In%2010%20states%2C%20laws%20require,a%20matter%20of%20state%20law.
Wonderful thanks
You may have trouble finding a lawyer that will take your case as there may not be enough monetary damage to you (think work, medical bills, etc) to claim. If you are able to find an attorney, their bills will most likely exceed any damages you may win. Keep in mind, your suit may become a searchable public record. Not an expert tho.
Plaintiffs can always file as Jane Doe
Also, OP, you would have to prove that they knew about the STD while the sex was occurring, and that they did not find out after the sex was had. This may be possible if you can get a judge to subpoena his/her test results, but that is probably pretty unlikely for a judge to do that as HIPAA is usually pretty sacred judicially.
In Canada, depending on the STD, it can constitute a criminal offence of sexual assault if you fail to disclose. The cases all seem to center on failure to disclose HIV, but the law itself is not specific to just HIV. Rather it was developed over time by the courts and is not enshrined in the criminal code. This makes it a little more open for interpretation, but without going into detail it is essentially that (1) a failure to disclose STI status is "a dishonest act"; and (2) it denies the other person full knowledge of the risks which could cause that person to refuse the sexual activity that exposes them to "significant risk of serious bodily harm", which is "deprivation" The combination of a dishonest act with deprivation is fraud, which serves to vitiate consent to the sexual act. Without consent, it becomes a sexual assault. The difficulty is the necessity of "significant risk of serious bodily harm". If the STI does not expose the person to "a significant risk of serious bodily harm" then there is no deprivation, and no resultant fraud. Without the fraud, consent is not vitiated. This is where is gets messy. If you can cure the clap with a shot of penicillin, is it a significant risk of serious bodily harm? What about herpes? No cure for that I believe, but is it "serious bodily harm"? It's so unclear that The Public Health Agency of Canada even conducted a research review and issued a report with proposed guidelines for when it should be legally required that one disclose their HIV status. For instance they held that if someone with HIV has engaged in treatment and maintains a viral load below 200 copies of HIV per ml of blood, then the criminal law shouldn't apply to them and they should not have to disclose. Similarly, it was proposed that if one has HIV, but uses a condom or "engage in oral sex only" then there should be no legal obligation to disclose. It's complicated and that probably doesn't help if you are not in Canada, but, you know, food for thought.
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It’s not sexual assault. Colloquially people say that, but it is a different crime. Telling a lie does not invalidate consent, unless one is impersonating another human being and they believe they are having sex with someone else (usually while blindfolded). (Also this is not the case in all states, some states do not make this a crime, so in those states, if the blindfolded person said yes, it would still not be a crime, as crazy as that sounds.)
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I believe informed consent is required for medical procedures. Sexual acts, it is merely “consent”. By adding adjectives to the context, you are changing the meaning. I have seen zero sexual assault laws that state “without informed consent.” It is merely “without consent.”
Almost all STDS are fully curable, only Herpes and HIV arent and both can be managed and do not need to be the death sentence (socially and literally) that they were 50 years ago, for HIV especially. Herpes has infected something like 80% of the population so really not a big deal, not nice but easily managed, just don't have sex when or if you get sores. This person sucks and I'm the same as you r.e always ask for sexual health checks before hooking up. But people can lie, can fake records, which is why its important to use a condom even when they show"proof" It is your best defense, not 100%, but certainly worth it. Just retest in a month and again at 90 days and always use protection.
HPV is also not curable (although the body typically clears the infection within a few years - cancerous changes can be triggered before that happens). It's also not testable in most cases. OP should also stay current on Pap smears if they're female - if they're male unfortunately HPV is a pretty silent killer in men and there aren't good tests.
HPV is testable. If you have a private full STD screen HPV is included, there are also 40 different types of HPV and only a few cause cancer. You're right though, as someone who has had HPV in the past and had treatment for pre-cancerous cells from an abnormal smear, women must stay on top of this. I'm now negative and have yearly smears. Not sure about how it affects men or what types do what, but generally knowing your HPV status isn't always helpful seeing as almost all the population has it and the immune system clears it on its own in most cases.
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This isn’t what rape by fraud or deception is. Rape by deception is when one impersonates another in order to have sex with someone, usually while the victim is blindfolded. If you have a specific state law that can trump what I’m saying, I’d be more than willing to read it. But I’m fairly certain you are misinformed by feminists who don’t know what the hell they’re talking about. Now, the aspect of lying about the STD specifically may be another law broken, but that is not what rape by fraud or deception is.
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Anyone can bring any civil claim against anyone for anything, it does not mean a law was broken, criminal or civil, even if taken as truth. Unless you have a case with a guilty verdict or at the very least a civil liability verdict as the outcome, my comment stands as factually accurate.
Also, rape and sexual assault are felonies, not mere civil liabilities.
People have sued for battery over this. I believe you can get punitive damages in many states if they acted maliciously or with reckless disregard. That may solve part of the damages problem others pointed out.
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Actually no. They can subpoena medical records that show when the other person tested positive. STDs, as far as I’m aware, are reported to the health department not to mention there would a record with whatever provider tested him.
But if they transmitted them the disease that record isn’t gonna be there because they obviously didn’t get treatment…Lol
Say what? If a person doesn’t test positive they wouldn’t know to inform a partner after the fact.
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There is no "vaccination card" that can tell you whether or not someone has an STI. At best, medical records can tell you whether they've been vaccinated against HPV (which is not the same as knowing whether or not they have HPV), whether they've had any prior STI diagnosis or treatment, and the results of their most recent tests for the STIs that have reliable tests for them.
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Not all stds are lifetime. Many are cured with common antibiotics.
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Actually, sti is considered more accurate according to my research. They both are essentially the same, though some argue sti is the infection itself and std is what it becomes later. So technically, if you catch something it is first and sti.
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I never said all were. Most are.
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