Do I even have a case for criminal transmission of HIV?

My now ex had unprotected sex with a guy whose girlfriend is HIV positive. It is known this guy and his girlfriend have unprotected sex.I just found out my ex had unprotected sex with this guy before having unprotected sex with me and now I’m infected. I feel my life is over.

Asked on August 19, 2012 under Personal Injury, Delaware

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

I am very sorry to hear about your situation.  There have been many cases where an individual has been criminally prosecuted for having unprotected sex after they have become aware of the fact that they carry the HIV virus.  I also suspect you can bring a civil action against your ex for your monetary damages, as you are now likely incurring medical bills, not to mention emotional distress, as a result of this.  The key here is you have to show your ex knew she carried the virus and showed complete disregard with respect to exposing you to it and that you were not exposed to the virus in any other way than by her.    I would suggest you start by contacting a civil attorney in your area and obtain a consultation as to your options with respect to this.  Good luck to you.  


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