When most people think of personal injuries, thoughts typically turn to car accidents or slip and fall injuries. What many do not realize is that there are a vast number of injuries that can be considered personal injuries due to negligence. One very sad and dangerous personal injury is knowingly and purposely infecting another person with a sexually transmitted disease. An STD is a very personal and often shameful issue for those who are infected. However, if you fail to tell your partner and infect him or her, you can be sued for personal injury and possibly even face some jail time. The following are some of the crimes you could be found guilty of:
Negligence is defined as causing harm or injury to another person in a reckless and carefree manner. You can be found negligent if it can be proven that you did not take reasonable measures to prevent the spread of your disease. As the infected person, it is your duty to ensure the disease is known about upfront with all parties involved. The use of prophylactics or other barrier methods is not a defense against negligence in this case as they are not 100% foolproof preventatives of spreading a disease.
If you intentionally infect another person knowing that there is a high chance they will be infected, you can be found guilty of battery. You can be found guilty both civilly and criminally in this case. Not only can you face jail time, specifically for life threatening illnesses like HIV, but you can even be made to file as a sex offender once you are out of prison.
Laws of Consent
In some states, there are laws that refer to consent in this type of case. The goal of these laws is to protect the victims who are infected by STD transmission, even if consent was provided. If a person is infected with a sexually transmitted disease, the transmitter can still face legal charges, even if the victim was aware of the risk of infection.
Laws regarding the spread of sexually transmitted disease are different in every state. However, it is best to be upfront if you are infected with an STD so that everyone knows what the risks are. Even if consent is provided, you should still be extra careful, as that person may be able to hold you legally liable should he or she get sick. For more information on the laws where you live, contact a personal injury lawyer.Share