What are the rights of my 17 year old daughter who gets an STD from ex boyfriend that is 19 years old?

Is there any legal recourse to have medical bills or any other options to pursue against him?

Asked on December 1, 2011 under Personal Injury, Nevada

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Thank you for submitting your question regarding initiating a civil suit on behalf of your daughter for her ex-boyfriend transmitting a STD.  The transmission of a STD can have both criminal and civil ramifications.  Depending on your state, your daughter’s age may not be a factor for this type of litigation.  If she was legal age of consent for sex in your state, then not need to satisfy the requirements for statutory rape.  Additionally, depending on your state laws, she can pursue a civil case against him.  Depending on the type of sexual disease that was transmitted, the effects of the disease may have life-threatening consequences.  As such, she should be compensated for the toll it has taken, or will take, on her physical and emotional health. 

If an individual fails to disclose that they have a sexually transmitted disease, then most states will classify this as a felony, and that individual could serve eight, maybe ten, years in prison.  There are several types of claims you can pursue civilly for the individual’s failure to disclose a sexually transmitted disease, such as fraud, intentional infliction of emotional distress, and battery.  Depending on your state, there may be additional negligence claims that you could also assert. 

There are personal injury attorneys that specialize in these matters.  Given the evidence needed to be successful on these claims, it can be very helpful to have an expert guiding you in the process.  Since your daughter may require lifelong treatment, you will need doctor reports that reflect theses opinions in order to be compensated.  For this reason, you may want to contact a personal injury attorney sooner than later.

 


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