STD Infected People Are Legally Required to Disclose Disease to Partners
Los Angeles, CA -- (ReleaseWire) -- 08/15/2017 --PositiveSingles.com - the No.1 STD dating website which has over 1.2 million members, has attained the services of an attorney to help their members stay informed about the legal consequences of not disclosing the status of their disease to their dating partners. Generally, the law requires that individuals with STDs are to disclose the status of their disease to their partners before having sexual intercourse with them. If they fail to disclose this information, they could be subjected to both civil and criminal legal consequences.
If someone has a less severe disease like herpes, it may only lead to a civil lawsuit and not necessarily a criminal charge. Most criminal prosecutions of STD non-disclosure involve cases where people are infected with either HIV or AIDs and do not tell their partners before having sex with them. It all depends on what the laws dictate in the state where the offense occurred. In some states, like California, it is a felony for a person to hide their HIV status from their partner or have unprotected sex with them. Offenders could face up to 8 years in prison. In Florida, however, the same offense would only be a misdemeanor and the offender would just face up to a year in jail.
New York state is the fourth state with the most STD members on PositiveSingles. To help its members avoiding these legal consequences, PositiveSingles has consulted with attorney Jon Michael Probstein to describe what could happen in certain situations if an STD member were to fail to disclose their disease status to their partner. Jon Michael Probstein is a New York attorney so his advice only applies to those living in New York state. But the same scenarios can still be researched for those living in other states.
As to the question of whether STD people have an obligation to inform their partners of their STD status, "STD people are obligated," Jon Michael Probstein said to PositiveSingles. "Under rulings in the area of personal injuries, such as negligence and intentional tort, courts have held that an affirmative legal duty to disclose exists in the relationship between parties where the defendant knew or should have known that he or she had a communicable disease." In New York, the offender will face a misdemeanor for failing to disclose their status before sexual intercourse.
The civil consequences of STD non-disclosure can be quite expensive for the offender too.
"On the civil side, some attorneys have stated they won or received settlements up to 7 million dollars or greater," Jon Michael Probstein said. This is in addition to the fees involved in the criminal offense, such as attorney costs, court fees, and fines. However, the risk of civil liability can even fall upon those who do disclose their disease. If their partner were to file a frivolous lawsuit, claiming they didn't know about the disease, the defendant would not be able to prove that they did disclose their STD status unless they have written the proof.
"Written partner notification documents signed and acknowledged before a notary may offer the best protection against frivolous litigation," Jon Michael Probstein. STD people need to be careful of maintaining long term relationships with partners who are infected themselves. If the relationship goes bad and the couple splits, then there is nothing stopping their partner from coming back and claiming that they gave them an STD. Unless the defendant can provide medical documentation which proves they do not have an STD, their partner can easily win a civil case against them in court. If the defendant can provide this medical proof, they will still have to pay substantial attorney fees and court fees. Either way, it can be costly for them.
PositiveSingles.com is the best, largest, completely anonymous and most trusted online dating site for people with Herpes, HPV, HIV / AIDS and other STDs in the world. The site is dedicated to providing a positive community where members can discover love, support, and hope. The company empowers people to enjoy STD dating in a safe and welcoming environment.