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Question:
Is it illegal to engage in intercourse, with an uninfected person, while purposefully withholding the fact that you do have HPV?
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nope thats just called being an Genital Warts.
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Yes, it is illegal to injure another person.... with a STD even HPV. I spoke with an attorney about this. IF it can be proven the person with the STD knew they had an STD it at the time they engaged in intimate activities with you, it is possible for you to sue them. It is known as a tort action.
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Yes. In most states you can hold that person liable in civil court for damages and in fact, there may be criminal liability as well.
THIS INCLUDES HPV. Read on.
There are other resources online or go to the nearest law library (if there''s a school near you or many state offices and courts have public ones). Ask the librarian for assistance and I would suggest starting with a book called "Am Jur" (surveying law of all states, but you can specify yours). Many librarians cannot give you legal advice, but can help you track down the laws in your state about this topic.
In many states, litigation for the tortious sexual transmission of a disease, the plaintiff may be able to prove fraudulent misrepresentation, on the basis of:
1. an intentional false statement by the defendant
2. an unsolicited remark that the defendant is free of venereal disease; or
3. intentional concealment of the disease by the defendant.
The threat of contracting a disease discourages sexual involvement, and such misrepresentation by a defendant can demonstrate his or her intent to induce the plaintiff to rely on his or her misstatement and consent to sexual intimacy. An individual can expect truthfulness in a sexual relationship and a plaintiff can generally establish a strong case for justifiable reliance. Once a disease is transmitted, the plaintiff can show damage.
Another cause of action that is commonly brought in tortious transmission cases is battery, and offers an alternative ground on which to impose liability for the transmission of a sexual disease. A battery is the intentional, willful, harmful, wrongful, or offensive touching of another person without the consent of the victim. Stated another way, it is the unpermitted application of trauma by one person upon the body of another person. To constitute offensive contact for the purpose of a battery claim, the contact must be offensive to a person's reasonable sense of personal dignity, or contact which would offend an ordinary person. A sexual battery plaintiff does not even have to be aware of offensive contact at the time that it occurs.
To those who said that you are an adult and in a sense assumed the risk, you cannot consent to a tort being committed upon you. What this person did was wrong and you should not let it go by simply "getting on with your life."
Find an attorney in your area.
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To whomever answered my question:
I am NOT the one that did this. When I read your answer, I felt as if you were calling me an Genital Warts. I sought an answer to that question because I was Genital Warts to know if I could bring someone to court over it. She had unprotected sex with the person I got it from, and she said nothing of it to him. He gave it to me not knowing that he had contracted it, and now I am paying for her deliberate inconsideration. I think that should be against the law, don''t you?
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to the previous poster:
the previous previous poster did not call you an Genital Warts. you saked if it was illegal and he said it was called being an asshole. what is the point of defending yourself if you are posting anonamously anyways?
maybe its because you feel guilty for intentionally spreading STDs... asshole...
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I know in some states it is illegal to have sex with an uninfected person withholding the fact you''re positive but I think that was regarding in AIDS/HIV not HPV.
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Yeah, you''re right. I posted this question about 1 1/2 years ago. I was still so upset and fragile over it all that I wanted to make this girl pay. I realize that I'm not the only one who has had to endure such unfair circumstances, but, at the time of this original post, I wanted to be sure that there wasn't a way to get someone in trouble with the law. I'm over that idea now. Thank you for responding without sarcasm though I appreciate your answer.
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I understand your sentiments but .... most people have it (see medical lierature) and condoms are not even close to complete protection. This means that most of population would be jailed.
The same thing happended to me as to you (as to probably 80% of the population). It took me a few years to get over it but now understand that basically at age 18 we had a choice of being a virging for life or requiring every partner to have a specific test (as people often have the virus and not know it). Even then you are alkready limiting yourself to between 7% and 25% of males assuming they are still interetsed after you forced them to have the test!
And even though you would like to shot the other girl the same thing probably happended to her. Chill out and get on with your life its not that bad really:-)
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the government is trying to pass a law that would charge someone if they give someone a disease knowing that they have it. example. A man was HIV positive and gave it to a women. he knew that he had it and did not tell her. well he is now being charged with murder. as we all know HIV slowly but surely kills you.its like you are killing someone.by the way this was a true story. it was in the paper about 3 months ago
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