STD stands for sexually transmitted diseases. They are also known as venereal diseases or STIs (sexually transmitted infections). They are diseases that are mainly passed between people through sexual contact. You can only guarantee that you do not contract the STD when you do not have sexual contact or sexual intercourse with someone infected. Obviously, some of the diseases are treatable or can be cured. However, others can be fatal and cannot be cured, like HIV (human immunodeficiency virus).
In most US states, you cannot intentionally expose people to sexually transmitted diseases. The penalties do vary from one state to the next and can range from probation and fines to incarceration and sex offender registration. You might even get a life sentence when convicted. Specific laws might also provide some relief, like through medical expense compensation or through offering damages to cover pain and suffering. A sex crimes defense attorney will combat this in most cases but the personal injury attorney can deal with that when the claim is a legit one.
Defining Intentional STD Exposure
When you recklessly, knowingly, or intentionally infect someone with a sexually transmitted disease, you might be criminally prosecuted. As an example, when you are diagnosed with one of the diseases and you then become involved sexually with someone else without letting that person know about the disease, you do become liable.
When you do not know you are infected with an STD and you end up infecting another person, you will not be considered liable for disease transmission. The court is going to consider several things when trying to figure out if the sexually transmitted disease exposure was intentional or not. This includes things like:
- Being aware the individual has the disease.
- The individual did not let the sexual partner know about the STD.
- The individual knew that sex acts would transmit the STD.
The infected individual needs to warn the potential sexual partner before the sexual contact is engaged. These diseases are covered by the law.
Defining Negligent Exposure
Every single person has a legal duty. They do not have to harm others. When your inactions or actions do not follow a standard of care, you can be considered to be legally liable. With sexually transmitted diseases, courts are going to take into account what the reasonable individual would do when faced with the exact same situation. When it is decided that the reasonable person would not have acted like the individual that transmitted the sexually transmitted disease, we are talking about a sex crime. Severe consequences can appear in both civil and criminal courts.
It needs to be mentioned that those who do not regularly get screened for these diseases and are sexually active might be seen as negligent if they have sex without protecting themselves. With accidental exposure, it is close to impossible to litigate the case.
As you can see, intentional exposure to STDs can be quite complex and needs to be handled in a serious manner. Getting attorneys involved as soon as possible if accused of such a crime is an absolute necessity.