In the movies, it’s funny when someone finds out they got a sexually transmitted disease from someone at a party. There are countless scenes in comedies where young teenage males end up with crabs or another STD after a chance encounter with a prostitute. In the real world, however, if someone gives you an STD it’s anything but comical.
In order to truly consent to sexual intercourse, a person needs to be an adult. While every state has their own laws about how old someone must be to agree to have sex, we can accept that they’re considered adults. As adults, someone should be able to appreciate the seriousness of having an STD. And, they should certainly appreciate how serious it is to give that disease to another person.
If you’ve been the victim of this kind of behavior you’re probably going to be embarrassed, and the last thing you’re going to want to do is call a personal injury lawyer in Atlanta. But you must be at least somewhat angry as well. The bottom line is that, if someone knowingly gives you an STD , they need to be held accountable. This is especially true if the disease is serious, such as HIV or hepatitis. In fact, Georgia has deemed that both of these diseases are so dangerous that purposely transmitting them to another person is against the law. Not only will the person be facing criminal charges, but they will be facing civil charges as well.
What is the Law in Georgia Regarding the Transmission of an STD?
Under Georgia law, it is both a crime and a civil violation to knowingly (or negligently) infecting your sexual partner with an STD. If someone knows they have a disease, they owe it to their sexual partner to let them know. This is especially true for someone who has a serious disease like HIV or Hepatitis.
Generally, speaking, you can’t really sue if you’re infected with an STD that is easily treated. Yes, you could sue for your medical bills and demand emotional distress. However, the court probably wouldn’t entertain such a case. For example, if someone gave you herpes, the court would have a hard time finding long-term damages. However, if you’re infected with a disease that has long-term damages, you will certainly have a good chance of winning your claim.
Under Georgia law, in order to pursue someone who gives you an STD, you’ll have to prove negligence. This means your Atlanta personal injury lawyer has to show the following:
- The defendant had a duty to disclose their status
- A reasonable person would not have had sex with someone without telling them they were sick
- The defendant breached their duty by failing to disclose their disease
- You were injured
Being infected with HIV or hepatitis can also be considered a civil battery in Georgia. If someone knows they have the disease and has sex with you anyway, they may be found liable. Likewise, if someone lies about their illness in order to convince you to have sex with them, they can be sued for fraud in Georgia. It’s your Atlanta personal injury lawyer’s job to prove that the defendant was, indeed, negligent.
Contact a Skilled Injury Attorney in Atlanta, Georgia if Someone Gives You an STD
If you’ve been made sick by another person, you may have a right to take civil action. Depending on the circumstances, you may have a claim for damages. It depends on what sort of disease they communicated to you. It also depends on what sort of treatment you’re going to need in the future. When it comes to Georgia law, if someone infects you with either HIV or Hepatitis, they may be liable for damages.
If you have sexual relations with someone who didn’t disclose that they had an STD, you need to call an experienced personal injury law firm in Georgia. They can review your case and determine if you have a valid claim. Since there typically won’t be insurance involved in these cases, you’ll have to file a lawsuit against the person individually. Your attorney can help you do this.
Call today and schedule your free initial consultation. You can sit down with a skilled injury lawyer in Atlanta and let them review your case. They’ll answer your questions and let you know what they think your case may be worth. The consultation is free and you pay nothing until you settle your case.
