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Is it illegal for someone with herpes to have sex with someone and not inform them?

Tampa, FL |

I was sleeping with this guy and I mentioned condoms a couple of times but he would say, Oh, I don't like those. I recently found out that he's no good and ended things. Then I found out through reliable sources that he has genital herpes and is on medication to suppress the virus. I have been tested recently and will find out the results soon. If it comes up positive, would this mean that he intentionally gave me herpes? Is this illegal? He never told me he had herpes.

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Attorney answers 2


Laws vary from state to state and while there have been changes in many states in recent years in this area, in particular when it comes to HIV cases, in general the passing of most sexually transmitted diseases is still usually viewed as a case of one assuming the risk for engaging in unprotected sex. However, it might be possible that if he knowingly infected you, (should that be the case), you might wish to discuss this matter with an experienced personal injury lawyer. While it may be questionable as to whether this guy could be prosecuted criminally, if he knowingly and intentionally infected you that is certainly actionable as a civil lawsuit.


I think you need to ascertain if you are infected first, and then begin with a coarse of treatment through your doctor. I also believe you can make a pretty good case that at the very minimum he was negligent in transmitting the virus to you, and that caused you injury. Assuming he is infected, and you can prove he is the only source for infection you have a shot. I don't know what a reliable source means, but witnesses and evidence are necessary for you to proceed. I don't think you will get the State attorney's office to file a criminal complaint against him since it would be very difficult to prove the intent to transmit the virus, versus the carelessness. I hope all ends well and it turns out to be a false alarm. If not however, do not despair and get medical attention which will get you through it. Good luck!!

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