Safe sex practices are important for a variety of reasons, including preventing an unwanted pregnancy or the transmission of sexually transmitted diseases. If you have an STD, it is crucial that you communicate your condition with your partner so everyone is aware of the necessary precautions. If you have an illness and you are not transparent with your partner, and consequently transmit the disease to your partner, you can be held criminally liable for infecting a person without his or her knowledge. The following are some of the different charges you can face:
If you act negligently, it means you cause harm or injury to another person due to egregious or careless behavior. To be found negligent, there must be proof that you were not acting in a reasonable manner to prevent the injury.
If you do not take care to disclose your medical condition that could infect another person before engaging in sexual contact, you can be held criminally negligent. In some cases, using prophylactics or other general safe sex practices is not always enough to avoid responsibility. You have to be clear and upfront to your partner about your medical condition and relay the fact that he or she could be infected if you engage sexually. This allows your partner to decide if he or she is willing to take the risk of infection.
Criminal battery refers to whether or not you intentionally tried to hurt or cause injury to another person. Battery cases are both criminal and civil in nature. If you intentionally engage in sexual activity with the intent to infect that person without care for your partner's health, you can face battery charges.
Civil liability means your partner can sue you for money. The amount can get very high, based on the nature of the illness and the amount of medical treatment required to treat the condition. You can be held responsible for not only the medical expenses for your partner but also can face pain and suffering damages as well.
Criminal liability is also a possibility if you intentionally spread your disease to an unknowing partner. You can be held criminally liable for infecting someone without his or her knowledge and can face a number of punishments, including hefty fines, probation, and time in jail. You may even have to face sex offender registration in certain cases.
Laws for the transmission of STDs are different from state to state. However, each state has its own laws punishing those who infect another person without their knowledge. While it is not the most comfortable situation, it is crucial that you let any potential sexual partner know of your health condition ahead of any activity.
If you've been the victim of this type of behavior, you may want to contact a personal injury attorney to discuss your options.Share
26 February 2019
My name is Laura, and I am an attorney specializing in helping clients leave violent marriages. The law can help victims be safe, but many potential clients cannot afford legal services and may be afraid to pursue divorce. They may not be aware of services that have been created to keep them hidden from violent ex-partners and to help them be awarded assets in a divorce so they can provide for themselves and their families. I hope to raise awareness of these issues as well as help direct people in danger to facilities where they can receive guidance and financial assistance.