Herpes and other sexually transmitted diseases can have a significant impact on your life. Nevertheless, they can also affect your sexual partners. If you have an STD, you may wonder if you are required to disclose your condition to others.
It is Illegal to Have Sexual Relations in New York Without First Disclosing That You Have an STD
Under New York law, “any person who has sexual relations with another while knowing that he or she is infected with an infectious venereal disease is guilty of a misdemeanour.”
The language of the law is somewhat unclear. It frequently occurs when a person with an STD has sexual contact with another person without disclosing their illness. For instance, the law may not apply to a couple who engage in consensual sexual relations and both have HIV.
In New York, cases in which someone intentionally infects another person with an STD are rare. They may qualify as both criminal cases and tort cases.
Tort Cases Involving Transmission of an STD in New York
A tort is an action (or inaction) that causes another person harm. A tort typically involves some form of negligence.
A person could sue you for infecting them with an STD under tort law, particularly if you failed to disclose your condition. They could file a claim for economic and non-economic damages resulting from their condition.
Economic damages encompass monetary losses like medical expenses and lost wages. Non-economic damages include pain and suffering, emotional distress, and a decrease in quality of life. In cases involving STDs, there could be significant non-economic damages.
In addition, a court may be inclined to award punitive damages against a defendant for failing to disclose an STD before engaging in sexual activity. Punitive damages are awarded by the court to punish a party for gross negligence or intentional misconduct.
Living with an STD can be difficult for a variety of reasons. You must consider your responsibilities and obligations prior to engaging in sexual activity. Always let someone know ahead of time that you have an STD.
Proving Negligence When Someone Doesn’t Mention Their STD
After contracting an STD from a partner, victims may have the right to seek restitution. A victim who was infected as a result of nonconsensual sex may seek compensation.
Or, they may seek compensation if they consented to sexual activity with an STD-carrying partner. This could occur if they agreed to have sexual contact with a person without adequate protection. They may file a lawsuit if they can prove they were infected because their sexual partner did not use protection. The intentional transmission of an STD may be considered an act of assault.
Nonetheless, victims should be aware that proving negligence in such cases can be challenging. Factors such as STD incubation periods can influence whether someone knowingly infected another with an STD. Moreover, when two individuals agree to engage in sexual activity, they are typically alone. Their testimony may conflict about whether a partner disclosed their STD.
Employing a qualified attorney will increase your chances of recovering compensation.
Contact Our Personal Injury Law Firm
Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.