Is it the law to tell you have HSV 1 or 2?

[twobeme]

I was reading one of your prior responses to someone how he was not sure how he is to tell a new girlfirend that he  has genital HSV1. You said that he didn't have to. I was told by someone that you are required to tell someone and if you don't and they find out you knew you had it and transmited it to them that you could go to jail is this right? I live in AZ.

Thank you

[gracefromHHP]

you can sue for anything in civil court. yes indeed it applies to hsv2 and I'm sure someone could successfully argue with with hsv1 orally also if you were aware that you had it and didn't inform someone.

Law is not my cup of tea so I"m not sure just how much of the burden is on your partner - for instance big difference if someone asks - do you have anything I need to know about  and someone saying no and someone not asking at all and you not telling either.  

grace

[sadgirl789]

Very interesting.  

Grace,

Does this include both genital HSV 1 and 2?  And does it include oral HSV 1?

If it includes one, it should include all, at least to my mind, esp since there is a fair amount of cross over. Why should the genitals "protected" at the expense of the mouth?  :)

[gracefromHHP]

I don't think you read here in this forum that someone was told he didn't have to tell a partner about their genital hsv1 infection.  

no you won't go to jail for not discussing your herpes status with someone however if you know you have herpes, don't talk about it with a partner and they end up contracting it from you, they can sue you in civil court.  

grace