You are not legally required to tell someone you have herpes or another sexually transmitted disease (STD). It is your private health information. However, if you have herpes and have sex with someone, your legal requirements to disclose this information could change.
Genital Herpes Is Easily Transmitted Between Sexual Partners
Genital herpes is caused by the Type 1 or Type 2 herpes simplex virus. Herpes is a common sexually transmitted disease (STD) in the United States.
Herpes can spread even though a person does not show symptoms. You can catch herpes if you have vaginal, oral, or anal sex with someone who has the infection.
Therefore, contact with a herpes sore, saliva, or genital fluids can result in an infection. Contact with skin in the oral or genital areas of someone with the infection could also spread the disease.
Herpes causes painful genital sores, but can also cause sores around the mouth if you develop oral herpes. Unfortunately, there is no cure for herpes. Your doctor can prescribe medication to help with symptoms and reduce breakouts, but you will always have herpes once you are infected.
Is It a Crime To Have Sex in Minnesota Without Telling Someone I Have Herpes?
According to Minnesota Statute §609.2241, a person could be charged with a crime if they knowingly have an infectious disease and have sexual penetration without someone without first informing them they have a communicable disease.
It can also be a crime if a person with an infectious disease knowingly shares nonsterile needles or syringes to inject drugs or transfers bodily fluid or tissue for medical research without disclosing the disease.
However, the statute provides an affirmative defense to prosecution. The person must prove by a preponderance of the evidence that they took practical means to prevent transmitting the disease as advised by a healthcare professional. It is also an affirmative defense if the person is a healthcare provider using professionally accepted infection control procedures.
Can I Sue Someone for Giving Me Herpes in Minneapolis, MN?
Possibly. Suing someone for giving you herpes is different from the state charging someone with a crime. That means you might be able to file a civil lawsuit even if there are no criminal proceedings.
Under Minnesota personal injury laws, a person can be held financially liable if they intentionally or negligently cause someone harm. Therefore, you can file a personal injury claim seeking compensation for damages if someone knows they have herpes and fails to inform you before they have sexual contact with you.
Proving liability for an intentional tort requires you to prove:
- The person who had sexual contact with you owed you a duty of care to act with reasonable caution to avoid causing you harm
- They knew they had herpes when they had sexual contact with you
- The person had sex with you without telling you about their infection with the intent to give you herpes
- You developed herpes as a result of having sex with the person
- You sustained damages because of the person’s intentional acts
Another cause of action could be negligence. A negligence claim has similar elements to prove. However, instead of proving that the person intentionally gave you herpes, you need to prove they acted negligently (carelessly) by having sex with you without telling you about their herpes diagnosis.
What Damages Can I Receive for a Herpes Personal Injury Claim in Minneapolis, MN?
The compensation for a personal injury claim includes economic and non-economic damages. Examples of damages you could receive for a herpes personal injury claim include:
- Current and future medical bills
- Loss of income and benefits
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Physical pain and suffering
- Diminished quality of life
- Permanent impairments and disabilities
- Reduced earning capacity
The amount you receive for a herpes injury claim depends on the facts of your case. It also depends on the strength of your evidence. Proving the legal elements of your claim can be challenging.
If a person knowingly infected you with herpes, contact a Minnesota personal injury lawyer for a free consultation. An attorney can review your case and advise you of your legal options.
Contact our Minnesota Sexual Abuse Law Firm For Help Today
For more information, please contact an experienced Minneapolis sexual abuse lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis Office
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Hall Law Personal Injury Attorneys – St. Cloud Office
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Hall Law Personal Injury Attorneys – Edina Office
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
