Intentional Exposure to Sexually Transmitted Diseases

A venereal disease, commonly referred to as a sexually transmitted disease (STD) or a sexually transmitted infection (STI), is passed between individuals primarily by sexual contact. The only way an individual can avoid contracting an STD is to refrain from sexual intercourse or sexual contact with another individual.

There are some infections which may be cured or treatable. There are, however, others that cannot be cured and may even be fatal, including human immunodeficiency virus (HIV).

What Does it Mean to Intentionally Expose a Sexually Transmitted Disease?

In numerous states, it is illegal to intentionally expose another individual to an STD. The penalties for this offense vary by state and may range from fines and probation to incarceration, including a possible life sentence and sex offender registration.

The laws may also provide relief to a victim by awarding medical expense compensation and damages for pain and suffering. A personal injury attorney in the individual’s jurisdiction can provide more information on the laws of their state as well as the penalties which are associated with knowingly transmitting a sexually transmitted disease.

For more information regarding these issues, see the following LegalMatch articles:

• Failing to Disclose HIV Status to a Sexual Partner; and
• Can You Sue a Partner for Infecting You with an STD?

What Qualifies as Intentional Exposure to a Sexually Transmitted Disease?

It is possible for an individual to be criminally prosecuted for recklessly, knowingly, or intentionally infecting another individual with an STD. For example, if an individual is diagnosed with an STD and then becomes involved sexually with another individual and does not inform them of the disease, the infected individual may be held liable.

If, on the other hand, the infected individual was not aware that they were infected when they infected another individual, it is not likely that they will be held liable for transmitting the STD. courts will consider the following when determining whether the exposure to the STD was intentional, including:

• The individual was aware or should have been aware that they had the disease;
• Then individual did not tell their sexual partner of the disease; and
• The individual knew that engaging in sexual acts could transmit the disease.

The majority of states will provide that an individual who is infected has a duty to warn a potential sexual partner prior to engaging in any sexual contact. Diseases such as HIV carry higher standards within the law.

It does not, however, preclude prosecution for the spread of other sexually-contagious diseases.

What is Negligent Exposure to Sexually Transmitted Disease?

The most common legal basis for a claim involving an STD is negligence. Defendants may be held liable for negligence when their conduct breaches the duty of care that the law imposes upon every individual and a breach of that duty causes the plaintiff injury or harm.

In order to prove negligence, a plaintiff is required to prove:

• The defendant owed them a duty of care;
• The defendant’s actions breached the duty of care;
• The plaintiff was injured because of the defendant’s duty of care; and
• The plaintiff suffered injury or loss due to the breach.

The duty of a sexual partner not to transmit STDs carelessly has been recognized by courts. The main element of a claim for the negligent transmission of an STD is the requirement that the infected individual knew or should have known that they did, in fact, have an STD prior to transmitting the disease.

Individuals are deemed to have reason to know of a disease when they possess information from which a reasonable individual would infer that they suffer from a disease. In some states, individuals may engage in sexual contact with other individuals so long as they inform the other individual of their STD status.

In these states, as long as the non-infected individual knowingly consents to the sexual contact, the individual who has the STD would not be held liable from any harm which results from that contact. It is important to note, however, that this is not the case in all states.

Every individual has a duty not to harm other individuals. If an individual’s actions or inactions fall below the standard of care, the individual may be held liable.

In a case which involves an STD, the court will consider whether a reasonable individual in the same situation would have acted in a similar manner as the defendant. If not, the individual may face severe consequences, both criminal and civil.

Individuals who are sexually active but who do not get screened for STDs or individuals who have sex with multiple individuals without using protection may be considered negligent. It is difficult, if not impossible, to litigate accidental exposure to STDs.

There are many states which have laws that protect infected individuals from prosecution if they advise the other individual before engaging in sexual contact. If the non-infected individual consents to the act and then later contracts a disease, they cannot sue the infected individual.

Some states do not provide this informed consent exception, and the infected individual can be held liable for giving the disease to their partner even if their partner was aware of the risks.

For more information, please see the following LegalMatch articles:

• Elements of Personal Injury; and
• AIDS Discrimination.

May a Person be Held Liable for Spreading a Sexually Transmitted Disease?

As noted above, STDs are physical conditions which may be transmitted by sexual contact. There are numerous examples of STDs, which include:

• Gonorrhea;
• HIV;
• Syphilis;
• Chlamydia trachomatis;
• Genital herpes virus;
• Human papillomavirus; and
• Hepatitis C.

The elements of the crime of exposing another individual to a sexually transmitted disease include when the perpetrator:

• Is aware they have an STD;
• Intends to transmit that STD to another individual;
• Engages in conduct which creates a substantial risk of transmission to another individual; and
• Transmits the STD to the other individual.

Ways individuals can be exposed to or transmit STDs typically includes:

• Engaging in unprotected sexual activity;
• Permitting another individual to use a syringe or needle which the perpetrator already used;
• Donating bodily fluids, including tissue or blood, for the purpose of transferring the STD to other individuals.

When Can a Person be Sued for Transmitting an STD?

As previously discussed, in certain states, the failure to disclose having an STD is a criminal offense. For example, in Florida, the law requires individuals who have sexual contact with other individuals to disclose whether or not they have an STD, or they may face criminal charges.

In Florida, this crime may be charged as a misdemeanor or a felony, depending on the facts and circumstances of the case. In Florida, certain STDs are considered more serious than others so the disease transmitted influences the offense charged as well as the penalty imposed.

Individuals may sue a perpetrator for knowingly spreading an STD no matter the disease which is transmitted. Individuals may be able to recover compensation for the cost of their medical treatment, which is associated with the disease, and damages for emotional distress.

Do I Need a Lawyer to Help Recover Damages?

It is essential to have the assistance of a personal injury attorney for any issues, questions, or concerns you may have related to the transmission of an STD. It may be difficult to prove that an individual intentionally spread an STD.

Your lawyer will advise you of your rights as well as the laws in your state. Your lawyer will assist you with building a case as well as represent you if you are required to appear in court.