QUESTION
Can I sue my ex boy friend for intentional STD spreading?
Asked on May 08th, 2013 on Personal Injury - Michigan
More details to this question:
I am 17 years old and I just found out today that I have genital herpes. I did the math to track who might have given it to me and five months ago I was dating a guy who was 19. I broke up with him and when I did he told me he had cheated on me with a "tweaker bitch" and to get checked. This was AFTER we had already had sex. He is in the Oregon State Pen. now for his 3rd set of felonies, and I am wondering if I can sue him for this in any way? I have the texts messages still from him with those words. Please help me!
15 ANSWERS
Do you live in Oregon as well? If so, seek an Oregon attorney for the laws of your state.
Answered on May 10th, 2013 at 4:49 AM
Ronald A. Steinberg
I guess you can sue him for an assault.
Answered on May 10th, 2013 at 4:37 AM
Yes. You may sue someone for transmitting an STD to you. It may also be considered a criminal act. However, if he is in prison, your odds of ever collecting any money may be very low.
Answered on May 09th, 2013 at 10:39 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes you can sue him if he knew and had unprotected sex with you anyway. But the reality is, what is the likelihood of collecting anything from a 3 time felon?
Answered on May 09th, 2013 at 10:38 AM
Yes, you have a valid case if he knew or reasonably should have known that e had an STD. You could also report him for statutory rape since you were a minor. What is the point, however, of suing him in civil court if he probably has no assets and is certainly not employed? What would you get from a suit? You have learned an expensive, permanent lesson about selecting sexy, strong guys for unprotected sex.
Answered on May 09th, 2013 at 10:38 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Pardon the lecture but see what happens when you cant see fit to obey the old rules of society. Do you seriously think suing a prison inmate will result in money to you.
Answered on May 09th, 2013 at 10:38 AM
James Eugene Hasser
Besides the fact that it's probably statutory rape, yes, you could sue him if he knew it ahead of time, and you could probably get a judgment if you could prove he knew, but how are you going to collect it?
Answered on May 09th, 2013 at 10:37 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You would have to prove that he knew he had this condition at the time and that he lied about it. Even then, if he's in the state pen, how's he going to come up with the money to pay you?
Answered on May 09th, 2013 at 10:37 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure you can sue, but what good will it do? Even if you get substantial damages, will he be able to pay? If not, you are just throwing money away.
Answered on May 09th, 2013 at 10:37 AM
Thomas Edward Gates
You most show that it was knowingly and intentional; more important, he has no assets so if you prevail you will get nothing.
Answered on May 09th, 2013 at 10:37 AM
You could sue him and probably get a judgment. But, if he is in prison it would be very hard to collect any money from him. Your best bet is to avoid sex with men you don?t know, and hopefully wait for marriage.
Answered on May 09th, 2013 at 10:36 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would very seriously doubt that you would have a cause of action under the circumstances which you have described. More importantly, even if you did and could win the suit is extremely doubtful, given the circumstances, that you could collect anything
Answered on May 09th, 2013 at 10:36 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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So you sue someone in prison; how are you ever going to collect against him if you do get a judgment?
Answered on May 09th, 2013 at 10:36 AM
Lisa Hurtado McDonnell
Why he in jail. He has no money! Why would you waste your money suing for judgment that you can not collect on?
Answered on May 09th, 2013 at 10:36 AM
John Hone
Sure, you have a legal claim against him, but how would you collect? He is in the pen.
Answered on May 09th, 2013 at 10:35 AM