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STDs


Question Posted Monday July 7 2008, 5:09 am

When a person discovers they have an STD, they're required by law to inform all of their partners so they will get tested too. Well, I ended up getting an STD from a guy and he didn't tell me.. What the hell do I do. He doesn't live in US anymore because the fu*ker moved.. I'm sure that doesn't help my case much though now does it?

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Peeps answered Tuesday July 8 2008, 9:21 pm:
I am uncertain about the laws of other countries, but you can attempt to press charges if that is what you are after. You may need to figure out which country the person moved to and go from there; however, I'm certain that many countries are not as sue-happy for everything as the United States happens to be.

In addition, if you cannot contact a past partner then you simply cannot contact them. Nobody is going to be upset as long as you have attempted to notify them in some manner. If you have no idea where the person has gone then you cannot contact them, plain and simple. In addition, it may be helpful to email them if you can with the news.

If you do not contact all of your partners it is true that they can sue you for bodily damages. If you have herpes (either type one or two) then you may find this forum very helpful, as they deal with prosecuting very often:

[Link](Mouse over link to see full location)

In addition, you can only truly go to press charges against the person who infected you if they KNEW (as in: a doctor officially diagnosed them with the STD) they had herpes before engaging in sexual activities with you and did not inform you in advance. This means that if you partner did not have a doctor actually diagnose them with an STD that you ended up contracting from them then nothing can be done in the legal matter.

Oh, and you may also need to have used protection during sexual activities to show that you were watching out for your health. Even though everyone knows that condoms are not effective on preventing STD transmission, and many people are infected daily while using condoms, your infected partner may claim that you did not take precautions to protect yourself anyway, thus turning the entire thing on you.

See, in court they will need proof that he knew he was infected, meaning they will need him to consent to having his doctor's records revealed regarding STD testing/treatment or for witness to say he had expressed to them he had the STD before you engaged in sexual interactions with him. Even then you would need to prove that he did not inform you, as he probably would deny not telling you. It's a long, probably irritating, process but you can do it.

There ARE laws in Ohio regarding HIV:

"Amendment to felonious assault statute criminalizing failure to disclose known HIV-positive status to a sexual partner was not unconstitutionally vague for failure to define "disclosure," where such term was not confusing or unfamiliar outside a courtroom; person of common intelligence, giving term its ordinary meaning, would know that requirement of "disclosure" required person with knowledge of his or her HIV-positive status to tell any sexual partner of that status before engaging in sexual conduct with that partner. Ohio Revised Code § 2903.11(B)(1). State v. Gonzalez, 154 Ohio App. 3d 9, 2003 -Ohio-4421, 796 N.E.2d 12 (1st Dist. Hamilton County 2003), appeal not allowed, 2003 -Ohio- 6458 (Ohio 2003)"

"§ 2903.11. Felonious assault.
(A) No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.

(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:

(1) Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;

(2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;

(3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.

(C) The prosecution of a person under this section does not preclude prosecution of that person under section 2907.02 of the Revised Code.

(D) Whoever violates this section is guilty of felonious assault, a felony of the second degree. If the victim of a violation of division (A) of this section is a peace officer, felonious assault is a felony of the first degree. If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, and if the victim suffered serious physical harm as a result of the commission of the offense, felonious assault is a felony of the first degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.

(E) As used in this section:

(1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
(2) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(3) "Sexual conduct" has the same meaning as in section 2907.01 of the Revised Code, except that, as used in this section, it does not include the insertion of an instrument, apparatus, or other object that is not a part of the body into the vaginal or anal cavity of another, unless the offender knew at the time of the insertion that the instrument, apparatus, or other object carried the offender's bodily fluid"

There may be laws in other states or about other STDs but I have not done the research to know. I hope things work out for you and you are able to inform your previous partner that you have contracted an STD and he is at risk as well.

I do thank you for being a good person and letting your previous partners know. I wish everyone would regularly get tested and tell all of their partners (past, present, and future) about the results.

If you have any more questions please feel free to ask me :)

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amber_x answered Monday July 7 2008, 1:24 pm:
Since he doesn't live around you anymore, There's really no way of telling him.
Just focus on yourself for now, and Get your std treated & taken care of.
Make sure you tell your future partners.

Hope this helps.
=)

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xcheerbabex108 answered Monday July 7 2008, 12:30 pm:
He's a douche.
I'm sorry ):

Right now though, I'd just be worrying about you, and getting the std taken care of. If it's one that's incurable, then in the future, you tell your [future] partners.





Jess

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Brandi_S answered Monday July 7 2008, 11:38 am:
Perhaps he is unaware that he has an STD?
Realistically, just because someone gave you an STD doesn't mean that they are aware of it.
It would be a good idea to try to contact him and inform him somehow. If you can't get ahold of him, then I'm not sure what to do then.
I guess I'd say that if you know anyone else he may have passed it to, make sure they are informed that getting a test is a wise choice.

ygs-30/f

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Razhie answered Monday July 7 2008, 8:16 am:
You are not required by law to disclose STD information to all your partners.

Yes, it's a good practice and doctors encourage it, but it's not actually a legal obligation.

There have been a few court cases recently where people have won lawsuits and had damages paid for being infected with HIV, but those cases are extreme. Those are situations where someone deliberately and maliciously infected someone else with HIV or where someone behaved irresponsibly and tried to infect many with HIV despite knowing their situiation.

So no, unless you have evidence that he deliberately infected you for kicks or to punish you some how, you don’t have a case. You are just as responsible as he is, whether infected or not, to practice safe sex and just as responsible for the risks.

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