QUESTION
Can I press charges after confirming that my ex gave me a sexually transmitted disease and did not tell me until a year and a half later?
Asked on Sep 15th, 2012 on Personal Injury - California
More details to this question:
I am also concern about my son having the same condition.
14 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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YES.
Answered on May 22nd, 2013 at 2:38 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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You can contact the police and report the situation to them. The police would investigate and decide whether a citation would be issued. The police have discretion in deciding whether a crime has been committed. If the police do not issue a citation to her, you can try contacting the City or County Attorney, depending on the city live in, and ask them to file charges against your "ex." The City or County Attorney also have discretion whether to file charges. All you can do is contact these entities; you cannot make them file charges in the criminal justice system. It is possible you may have a personal injury case against your "ex." This would be a "civil" case instead of "pressing charges," which is a "criminal" case. Whether you have a personal injury case you can win depends on a number of issues and facts that are not provided in the information you provided. Questions I would have to determine if you have a case, include, but are not limited to: Is your "ex" an ex-wife or an ex-girlfriend? When did your "ex" contract the sexually transmitted disease? What is the sexually transmitted disease? When did you "ex" learn she had the sexually transmitted disease? Besides contacting the police you may want to contact a personal injury attorney to learn more about your rights and options.
Answered on Oct 03rd, 2012 at 12:24 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What charges do you propose?
Answered on Sep 20th, 2012 at 6:48 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
You may have a case. You should consult with an attorney as soon as possible to help maximize your recovery.
Answered on Sep 20th, 2012 at 6:47 PM
Ronald A. Steinberg
The question would be whether or not she knew that she was infected when she slept with you? If she knew, then in essence, she was committing an assault on you, and I think that there could be a criminal action. If you were no longer married at the time of the "encounter," you could probably sue her civilly, but I don't know how that would work out, since if she had homeowner's insurance, they might deny coverage because of the "Intentional" act. If you are concerned about your child, you could start a proceeding to change custody of the child. The test is "the best interests of the minor child."
Answered on Sep 20th, 2012 at 6:47 PM
1 Award
Yes, in Ca. there is liability for failing to disclose being infected with an STD before having sex.
Answered on Sep 20th, 2012 at 6:47 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You may wish to contact the district attorney's office to see if this is an offense for which they can bring charges against your ex. You may also have a civil case against him if he intentionally gave you the STD. Good luck to you and your child.
Answered on Sep 20th, 2012 at 6:45 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If it is gonorrhea or syphilis then just get treated. If it is HIV, then call us. Unless the defendant has significant assets, you would need to find insurance. Did you have a homeowner's policy while you lived together?
Answered on Sep 20th, 2012 at 6:45 PM
John D Duncan
There could be a civil case of battery based on the transmission of the STD, but these cases are riddled with problems. You will have to combat willing participation, and prove that he knew he had the disease when you two became intimate. A good personal injury attorney can help you understand what to do and how quickly.
Answered on Sep 20th, 2012 at 6:45 PM
You should consult with a lawyer who handles sexually-transmitted diseases for specific legal advice and direction concerning your medical problem.
Answered on Sep 20th, 2012 at 6:45 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, there is a potential criminal act that has taken place here. You should bring this to the attention of law enforcement personnel as soon as possible. If you would like to discuss more details with an attorney prior to bringing it to the attention of law enforcement, you should contact a local attorney to discuss the matter with you in person.
Answered on Sep 20th, 2012 at 6:44 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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As for criminal charges, go to the county District Attorney. As for a civil case, where you get a judgment for money, look for a civil attorney. Interview several. Keep looking until you feel comfortable with one.
Answered on Sep 20th, 2012 at 6:44 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes you may but keep in mind that his insurance may not cover the loss.
Answered on Sep 20th, 2012 at 6:42 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes. Get a free consultation from an attorney ASAP to ensure that you do not have a statute of limitation issue. But if he knew he had the disease and did not warn you, he can certainly be held liable.
Answered on Sep 20th, 2012 at 6:41 PM