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Avatar universal

Do you have to tell someone you may have herpes

I feel like this guy gave me herpes on purpose. The third time we did it- He talked to his wife the day before he had unprotected sex with me. He wouldn't put a condom on when i told him too. He laid on top of me. He told me I needed to trust him. The second time we did it- He kept pressureing me to let him and I said no. He still kept going inside me. The first time we did it- he brought two condoms with him while hanging out. We had hung outwithout have sex before and never had sex. We never talked about it or ever had sex to give him the idea i would. Before he knew I'd never touch him if i knew he was seeing someon, so he with help. He knew I'd never have sex unless I thought we were together, so he lied to me. And he with held she has an STD and it had been assumed he had it too now. I asked about who he's been with and told him. He lied. He told me we were working thinks out, he wanted to be with me, that he liked me, to trust him, and that he wasnt leaving.

• Does someone have to disclose that they may have HSV herpes from their current partner before kissing/oral sex/intercourse with another person that was lied to about have a current partner?

• Is their any legal repercussion of not disclosing information or lying about information that would have prevented someone from engaging in behavior that would cause HSV? If the infected person tells the other they are single and looking to date them, but in reality the infected person is not single and does not want to date them, and has an STD... And the infected person knew that just one thing different would have prevented the new person from being infected than is their any legal reprecussion.

• Does it matter the infected person may have known he had it, if the navy requires testing? What if the infected person lied to the navy and the navy didn't know to test, but it can be proved the person withheld his risky behavior of being engaged to a woman with HSV and not using protection?

• What if the person is in the medical health care field and had the intent of exposing the person? I feel this because he bringing a condom before sex was brought up? He asked when I'd trust him without a condom and I said I don't think I can. And the person went in know I didnt want him to without a condom and ignore my request to put one on. The person in in his last semester before becoming a nurse practitioner or currently head nurse at a large hospital, so I'm sure he knows a lot more than I do about STDs.

• Is their any legal repercussion of placing someone in risk of contracting HSV when the infected person was told numerous times that they did not want to engage in sex but was persuaded eventually (by lies) with a condom and then the infected person ignored their request to put a condom on later?
• If you give a person HSV through oral sex/intercourse can you be sued? What if you lied/mislead to make the person have sex and it can be proved? And you lied because you knew they wouldnt other wise.

• Do you have to tell that you may have HSV herpes if you practice safe sex and/or unprotected sex? Or if your with more than one person and each person thinks it is no one else.

• Must you tell the truth of your STD status if the other person asks? In other words, “Is LYING the same as simply not telling?”
• Is the responsibility of discussing HSV herpes and other STDs a one way street? Is only a person who knows they have or have had an STD required to bring it up? What if the other person who was STD free brought it up and the person with the STD mislead and lied?

• Does a person have a LEGAL responsibility to know their STD status? If a person is having unprotected sex with an HSV positive partners, shouldn’t they know that they may be passing on STDs to other people, even if they haven’t received an official test?

• Is a person who has a STD but fails to get tested still legally responsible for giving the other person their STD? (The ignorance is bliss excuse is an excuse…)

6 Responses
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897535 tn?1295206435
I have to agree with grace on this one: "bottom line is - trust no one. ask partners to get tested for std's prior to sex otherwise always insist on condoms."

Unless this man raped you, which you should have and can still report if that's the case, you have to be accountable for your own actions too here. I'm not a big fan of victim-hood otherwise. No means no, I believe the saying is, and take responsibility for your own actions.

And as Grace said, what's the point in pursuing litigiousness to begin with since you didn't contract herpes from this man?
Helpful - 0
Avatar universal

(1)  It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis, when such person knows he or she is infected with one or more of these diseases and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.
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101028 tn?1419603004
herpes is not reportable in any state on the federal level. A few counties have hsv2 reportable or hsv infections in newborns reportable but that's all.

they also do not report you to the health department for not telling that you have a std.  

which std's are reportable vary from state to state.  Some states just keep track of infections while others will actually contact you to make sure that you followed up with proper treatment and also to see if you want them to contact any partners for you to inform them that they should get tested.  it's not anything to be scared about. you become a number to them in the long term.  it won't send you to jail or anything either.  

when pursuing legal action against someone you have to prove that you didn't have herpes before you were with them. You also have to prove that they were infected and knew it and didn't inform you.  you also have to have contracted herpes which for this poster ( this is part 2 of her post ) doesn't appear to have happened so it's all moot anyways.

Helpful - 0
101028 tn?1419603004
you don't even know if he has hsv1. just because his partner has it, doesn't mean he does.
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Avatar universal
he did wrong, b ut im pretty sure the argument would be should've used condoms
Helpful - 0
101028 tn?1419603004
as we've already discussed in your previous post - this partner wasn't a risk for you any more than anyone else.  being in the medical field doesn't mean he's any smarter than anyone else about std's either to be honest. you get about 15 minutes of education on them in school.  

no, there is not a legal responsibilty to disclose std status in most states.  Most states do have hiv laws on the books but not anything else. you can sue in civil court though if you think someone knew they had a std and didn't tell you.  

bottom line is - trust no one. ask partners to get tested for std's prior to sex otherwise always insist on condoms. condoms work best if applied when the clothes come off and not waiting until actual penetration to put them on.  

grace
Helpful - 0
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