You had sex with your partner and now you have herpes, gonorrhea, or HIV. Can you sue your partner for not telling you about this before sexual intercourse?
You love your partner and trust them with all your heart. You have no reason to believe they would ever intentionally hurt you. However, you suddenly have symptoms that resemble a urinary tract infection. You visit the doctor, who runs some tests and informs you that you actually have an STD.
The only person you have sex with is your partner, so this is puzzling. Could you have gotten the infection from your partner? Why did they not tell you they had an STD?
If your partner confesses that they have an STD, you will likely be devastated. STDs are not all easy to cure. Some people have them for the rest of their lives. What happens now? What can you do legally?
Suing for Negligence
If your partner knew they had an STD but did not warn you and still had sex with you, that is considered intentional exposure. No matter where you live, you have the right to file a lawsuit against your partner for their negligence in failing to warn you that they had an STD. To sue for negligence, you must prove four elements:
- Your partner knew they had an STD.
- Your partner had a duty to inform you of the STD.
- This duty was breached.
- You got infected by the STD.
Negligence is not the same as ill intent. For example, if your partner did inform you of the STD and you had sex using a condom but still got infected, your partner can still be considered negligent and liable for any damages.
Suing for Sexual Battery
Another option is to sue your partner for sexual battery. Sexual battery is outlined in Section 22.011 of the Texas Penal Code.Sexual battery can result in both civil and criminal penalties. A person convicted of sexual battery can face felony charges.
Even though you consented to sex with your partner at the time, this was because you were not informed about his or her STD status. Had you known that your partner was infected, you would not have consented to the sexual encounter. Therefore, your consent was effectively wiped out since you were not provided with all the facts before having sex.
Contact an Austin, TX Personal Injury Lawyer Today
You are the only person in charge of your own body and as such, you need to protect yourself. You likely would not have agreed to have sex with your partner if you knew he or she had an STD.
While you cannot turn back time, you can hold your partner liable for the damages he or she caused. Dealing with an STD, particularly an incurable one, is no laughing matter. The Austin, TX personal injury lawyers at Scott M. Brown & Associates can help you prove negligence and obtain the compensation you deserve. To schedule a consultation, call us at (281) 612-7994 or fill out the online form.