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Old 10-22-2009, 10:07 AM
 
484 posts, read 1,216,730 times
Reputation: 441

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The OP may have a criminal or civil case against this man. The issue is whether he knew, or should have known, that he had the disease and whether the OP asked him about it before engaging in sex.

It will be on the OP to prove this man's knowledge. Things like medical records could be discoverable. She'll also have to prove that she asked him about diseases and that he said he was clean.

Likely, the only course of action this woman has is a civil suit. I doubt that any prosecutor would take this case on a criminal complaint. Most are too busy with the stuff that the police give them. You may be able to persuade a prosecutor to take the case if the man is doing this serially or has (Heaven forbid for the OP) HIV.

Keep in mind that in most jurisdictions, unless you are dealing with HIV/AIDS, you don't have a case. In some places, it's actually a statutory crime to not tell someone you are having sex with that you have HIV/AIDS. This is due to the long-term effects, and ultimate result, of the disease.

Before the OP decides to sue, you have to figure out if it's worth it. Does this man own anything? If he does, is it worth more than what your damages are likely to be? If the answer to both questions is no, then let it go. You can sue someone all day but if that person doesn't have any assets, you get nothing but a piece of paper that says that X owes Y. It's like trying to collect child support from a deadbeat.
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Old 10-22-2009, 10:08 AM
 
Location: Pittsburgh
29,742 posts, read 34,376,832 times
Reputation: 77099
Quote:
Condoms are not 100%, doctors notes can be forged and mistakes happen. Men dont always buy the right size condoms and sometimes they come off in the heat of the moment.
Or there could be a herpes sore or genital wart on an area that's not covered by a condom.
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Old 10-22-2009, 10:25 AM
 
Location: Between Philadelphia and Allentown, PA
5,077 posts, read 14,642,263 times
Reputation: 3784
He "forgot" to tell her? OMG!! How can you forget such a vital piece of information!! Jesus! What is wrong with people? Well, lesson learned, this is why it's SO important to use protection EVEN when you're in a relationship unless you have medical proof that your partner is clean. I feel for her, and hopefully she sues the bejesus out of him and takes everything cuz' Lord knows, she's going to have a lifetime of medications.
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Old 10-22-2009, 10:29 AM
 
Location: Most days I live on Earth!
236 posts, read 390,001 times
Reputation: 157
Quote:
Originally Posted by gwynedd1 View Post
Hi PRINCESSNOTICE,

Going outdoors is a gamble. Its about reasonable odds. Some people go with condoms and other people go with monogamy. Both can fail, but I like my chances(monogamy) better than others.

I understand, but be sure you and your spouse have the same definiton of monogamy. Alot of people do things with the "it wont hurt you if you dont know" attitude.
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Old 10-22-2009, 10:33 AM
 
20,715 posts, read 19,357,373 times
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Quote:
Originally Posted by PRINCESSNOTICE View Post
I understand, but be sure you and your spouse have the same definiton of monogamy. Alot of people do things with the "it wont hurt you if you dont know" attitude.
Hi PRINCESSNOTICE,

That's true. The selection process is important. Again, this is why waiting until being committed helps your odds. What is the person's ability to discipline themselves? We also understand our definition. If I caught something from someone, it would not be pretty.

Last edited by gwynedd1; 10-22-2009 at 11:55 AM..
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Old 10-22-2009, 10:52 AM
 
Location: Most days I live on Earth!
236 posts, read 390,001 times
Reputation: 157
Quote:
Originally Posted by gwynedd1 View Post
Hi PRINCESSNOTICE,

That's true. The selection process is important. Again this is why waiting until being committed helps your odds. What is the persons ability to discipline themselves. We also understand our definition. If I caught something from someone, it would not be pretty.
I dont want to sound like I am raining on your parade, but waiting doesnt guarantee a thing. Just becuase you wait a year to sleep with someone does not mean that they are not hiding something from you. It is my belief that people who are in committed relationships are the ones that need to worry more than a single person. A single person is fully aware of what is going on in the dating world and are more careful when having sex, but a person in a committed relationship is apt to not use condoms, and to cheat on their SO.

I have read that a person can be asympomatic with a host of diseases for years and never know they have something till they pass it on to the person they are in a committed monogamus relationship with. What then?

And it seems like the better looking you are the higher the chances are you have something, because everyone loves to sleep with that cute guy/girl. Being selective does not mean a thing when it comes to STD's
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Old 10-22-2009, 11:56 AM
 
Location: USA
11,169 posts, read 10,650,264 times
Reputation: 6385
Quote:
Originally Posted by PRINCESSNOTICE View Post

To the OP, I would think that going as far as having a lawsuit and paying for fees and all that good stuff, would do nothing more than depress your friend even more. Tell her to join a support group and educate herself!
Kidding me? A lawsuit won in the realm of $2M would start to make ME feel better. I'd prefer to be financially set for life with Herpes, as opposed to having financial ups and downs with Herpes. Stress can make Herpes flare up. I'd take the doe, thankyaveddy-veddymuch. At that point, he should only feel sheer luck that I opted not kill him.
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Old 10-22-2009, 12:01 PM
 
Location: Falls Church, VA
748 posts, read 1,314,111 times
Reputation: 429
Quote:
Originally Posted by JeepGirl118 View Post
Kidding me? A lawsuit won in the realm of $2M would start to make ME feel better. I'd prefer to be financially set for life with Herpes, as opposed to having financial ups and downs with Herpes. Stress can make Herpes flare up. I'd take the doe, thankyaveddy-veddymuch. At that point, he should only feel sheer luck that I opted not kill him.
lol...
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Old 10-22-2009, 12:02 PM
 
Location: The Hall of Justice
25,901 posts, read 42,693,566 times
Reputation: 42769
And why couldn't you have the money AND go to support groups?

To be realistic, even if you won a big settlement from someone who deliberately infected you, would you actually receive any money? Who has a couple million to pay out? Many people don't even have an umbrella policy that would pay for that kind of thing.
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Old 10-22-2009, 12:10 PM
 
Location: USA
11,169 posts, read 10,650,264 times
Reputation: 6385
Quote:
Originally Posted by JustJulia View Post
And why couldn't you have the money AND go to support groups?

To be realistic, even if you won a big settlement from someone who deliberately infected you, would you actually receive any money? Who has a couple million to pay out? Many people don't even have an umbrella policy that would pay for that kind of thing.
Speak for yourself. Not everyone is a turnip that cannot have satisfactory blood squeezed out.
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