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Want to sue

My live in boyfriend gave me herpes and
never disclosed that he had it his ex
and now again girlfriend confirmed that
he did and that he infected her. I asked
him if he had herpes and he told me no.
Can I sue him for infected sexual
battery?

Asked on December 3, 2017 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If, as you seem to indicate, he knew that he had herpes before you and he had sex, then yes: you could sue him. A failure to warn you of a known STD before having intimate relations with you is, at a minimum, a negligent or careless act (it could also be an intentional wrongful act, if he hoped or wanted to infect you) and that could make him liable. If he warned you and, in knowledge of that risk, you chose to have relations, he would not be liable since he acted reasonably and you then made the knowing decision as to what to do; but a failure to warn of a known risk of infection can make him liable for the consequences.


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