Is it a criminal offense to knowingly’ expose someone to HSV2?

My ex knew that he had herpes and intentionally hid it from me. We were tested for everything

except his did not include HSV2 prior to becoming intimate my results did. We had a candid discussion about it. He assured me that he had been tested in the past and never tested positive or had any signs of it, but I found the prescription for it hidden in a drawer. Can I prosecute him criminally for exposing me?

Asked on September 8, 2017 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Intent or state of mind, which depends on knowledge, is the key. If someone knows they had a STD and knowingly has unprotected sex with another person without informing them of the disease (so that they cannot make their own informed decision as to engage in sex or not), that can be considered assault and they can be prosecuted for it. That does not mean that *you* can prosecute him: the authorties bring and control the case, and decide whether to bring charges in any given situation. But based on what you right, you could bring it to the authorities attention and they could prosecute him criminally.


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