The spread of sexually transmitted diseases is a major issue in our country. According to Planned Parenthood, every night in Virginia alone, 85 people will become infected with chlamydia, 28 with gonorrhea, and three will acquire AIDS. Now some are taking this social problem, and making it a legal matter.
Each year in the United States, 19 million new cases of sexually transmitted diseases occur. The Centers for Disease Control and Prevention (CDC) estimates that one in five Americans is infected, and a shocking majority doesn't even know.
Keiana Mayfield with Charlottesville Planned Parenthood stated, "About 80 percent of the current population who are infected with sexually transmitted infections do not know they have an infection. Which is because most of the STI's are asymptomatic, which means they show no symptoms."
The damages from an STD can be life altering - from life long medical expenses, to sterility, and the increased risk of cancer.
In the state of Virginia, someone infected with certain sexually transmitted diseases, like HIV, hepatitis B or syphilis can face criminal charges for sexual battery if they infect someone else.
As the instances of STD infections grow, the matter is starting to show up in civil courts as well.
"It is becoming a very big legal issue with people wanting to sue over matters that really do pertain to their health for the rest of their lives," Mayfield said.
Someone suing over an STD infection has the burden of proving who infected them, and that the defendant knew they had an STD - or if they didn't know, they should have.
Mic McConnell, a personal injury attorney with Allen & Allen, says an STD lawsuit could lead to an investigation into medical records, pharmacy records, and previous sexual partners of both the plaintiff and defendant.
"Your sex life is going to be wide open for discovery and investigation. Because obviously, you could have caught this sexually transmitted disease as a plaintiff from somebody else," McConnell stated.
Cases have been proven across the country. In 2009, a California woman won a verdict worth over $6 million. Just last year, an Iowa woman infected with the human papillomavirus was awarded $1.5 million.
If the plaintiff of an STD lawsuit is able to prove their case and win, there is also the question of where any money awarded would come from.
McConnell said, "Nobody has insurance if I accidentally, negligently give somebody an STD. And so you can go through all of this and maybe you win big in court, and they give you a whole heck of a lot of money. So what? What good is it going to do you? Most people don't have that kind of money."
But before a courtroom is even an option, prevention should start in the bedroom. Have honest conversations with your partner, and avoid unprotected sex.
Aids Services Group Executive Director Peter De Martino stated, "So it's really about those open lines of communication, and really being able to discuss things, and you shouldn't be having sex with someone if you're not ready to have that type of conversation with them."
Before filing an STD lawsuit, you should have a personal injury attorney investigate the details of your case and advise you of your rights as a victim.
If you are accused of transmitting an STD and are being threatened with legal action, you should also consult a lawyer to be aware of your defense options.
