If someone lies to you about having a communicable disease and has sex with you, can you sue them?

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If someone lies to you about having a communicable disease and has sex with you, can you sue them?

I just found out that my boufriend of 1.5 years has Hep C. He told me before we slept together that he didn’t have any STDs. Any legal recourse?

Asked on December 15, 2010 under Personal Injury, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, generally speaking there could be both civil and criminal recourse if your partner knowingly transmitted an std.  In California, for example, Cal. Health and Safety Code § 120290 states that any person afflicted with any contagious, infectious, or communicable disease who willfully exposes him/herself to another person is guilty of a misdemeanor. I would take the time to speak with a local personal injury attorney on this matter.  Have him or her check the health codes in Utah and then check and see what cause of action it may give rise to.  You may have to file criminal charges against him and then seek civil damages.  You will need to discuss your burden of proof with the attorney as well.  Good luck.


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