What are my rights if I recently found out that my boyfriend is HIV but he never told me even though he has known for 3 years?

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What are my rights if I recently found out that my boyfriend is HIV but he never told me even though he has known for 3 years?

I asked why he never told me he said because I gave it to him. I went and got tested my test was negative that I will have to be tested once a month for a year. Can I still press charges on him?

Asked on December 15, 2013 under Personal Injury, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Speak to the authorities (e.g. police or prosecutor): you may be able to press charges if his action was sufficiently reckless (beyond all norms of care) or even a deliberate attempt to infect you: it takes that kind of fault or mental state (more than mere thoughtlessness or carelessness) to hold someone criminally liable. You could also try suing him, but so long as you (hopefully) are not infected, all you could recover is the out-of-pocket (not reimbursed by insurance) cost of the tests, and it's probably not worthwhile to do so--if you do become infected, though, then you may have a much larger lawsuit.


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