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My ex-boyfriend knowingly exposed me to Hepatitis C ... even after we had tests done before unrpotected sex.Can I prosecute him?

Atlanta, GA |

Local law enforcement is very reluctant to help me. Magistrate judge won't issue warrant because they said it is aggravated assault. The police say it is not.

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Attorney answers 3


The decision as to whether or not to prosecute your ex-boyfriend is a discretionary one with the local prosecutor. I suggest you contact your local prosecutor and see whether or not he is interested in making this type of prosecution. If he is, he can direct the police to make further investigative efforts etc. Prosecution is a criminal matter. You may have a civil claim against your ex-boyfriend. You may want to contact a personal injury attorney in your area to see whether or not an attorney will undertake your claim. If your ex-boyfriend does not have much by way of assets or insurance, it may be difficult to find someone to represent you. I suggest you call an attorney today.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


It is up to law enforcement whether or not to pursue. However, you could retain a local personal injury lawyer and pursue a civil claim.

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The decision to prosecute is one that rests with the local district attorney. You can certainly talk to the DA's office and the victim's rights liaison and assert your rights. If your ex-boyfriend did, in fact, knowingly expose you to Hep. C, and you in fact contracted the infection, you may have a civil claim (lawsuit) against him for negligence, fraud, intentional infliction of emotional distress and possibly other claims. You should talk with a personal injury lawyer in your area to explore all the potential state claims. Good luck.

Lloyd Bell
Georgia Trial Attorney

John Anthony Mattiacci Jr.

John Anthony Mattiacci Jr.


Keep in mind that if you decide to pursue a civil lawsuit that any potential insurance policy your boyfriend may have (like homeowners) may not cover intentional actions. That is something you should discuss with a personal injury attorney licensed in Georgia before making any formal allegations in a suit. Best of luck.

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