Can I get someone arrested for lying about being clean and giving me an STD?

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Can I get someone arrested for lying about being clean and giving me an STD?

When I asked him if he was clean he lied and said he was. We used a condom

but I still contracted Chlamydia. Is there any legal action I can take against him?

Asked on December 6, 2016 under Personal Injury, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's only a crime if he tried to infect you: being careless or negligent is not a criminal act, nor is being innocently wrong. So unless you can prove that he was intentionally trying to harm or infet you, this was not a criminal act.
If he was careless about whether he was clean or the risk to you, you might be able to sue him...but you write that you used a condom. Using a condom is to not be negligent or careless; it is to take a reasonable precaution to prevent the spread of STDs. So if you and he used a condom, it's very unlikely that you could prevail in a lawsuit, since he can show he took reasonable precautions. 
Based on what you write, it is unlikely that there is any legal action you could successfully take.
 


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