If I am wrong, any lawyers out there that can correct me, please say so. However, how is this a crime that someone can be sued for? Don't get me wrong, I'm not saying that it shouldn't necessarily be one, but is there legal precedent for someone winning a legal settlement for passing on STDs? If so, everyone on this site had damned well better take serious notice.
It would be one thing if this was damages under a divorce settlement...that would be legally understandable to me. But if this is just as the "news story" portrays it, how many lawsuits would you think this sort of thing would initiate?
Past that...this sickening entertainment program acting as some sort of a news broadcast is almost as repulsive as the story itself.
You have to distinguish between crimes and civil liability.
Some states have made it a crime to knowingly transmit AIDS or have made it a sentencing enhancement for crimes like rape committed with knowledge of AIDS infection. I an unaware of any similar criminalization of other less serious sexually transmitted diseases.
But, as far as the civil law is concerned, I think all states recognize or would recognize that the knowing or negligent transmission of any sexual disease can give rise to tort liability whether the cause of action is denominated as fraud for concealing a material fact from your partner, or negligence if you thought you could have sex with her without transmitting the disease.
And transmission during an illegal transaction makes no difference. Just as you cannot assault a sex for pay lady, you cannot knowingly give her a sexual disease either without being subject to civil liability.
The damages recoverable would depend on the physical injury inflicted, the medical expenses incurred, and the emotional distress suffered by the plaintiff.
Punitive damages would not be out of the question is an appropriate case.
Isn't it just this type of guy,that made that provider in Denver,go on her rant?...I for one think the guy needs to clean up his act...We don't need him running around,compromising our provider's health...What about his wife's health? like they say,ya play,ya gotta pay!...My view, is strickly a moral point of view.
Lawyers living in the US...NOTHING surprises me! I can't believe some of these cases even make it into the courts, let alone the settlements that come out of them!!! They have destroyed the healthcare industry, the insurance industry, and about anything else they get near. The husband should get a new lawyer, and sue the old one for malpractice...thee are so many of them now...they even sue each other!!! Lawyers are the oldest profession....It is said that in the beginning order was created from chaos.....who do you think created the chaos????
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