Would you sue over an STD? ~CQW
posted by: Vixen
(click the button for more info, email me if you have any great ideas for a topic, I’d love to hear from you!)
I read an article recently about a woman who sued her ex-boyfriend for giving her an STD. And she won. It’s raised a ton of controversy in the legal system. Some experts believe such cases send a message that people need to take responsibility for their sexual behavior.
“If you engage in conduct that you know can cause harm to others, and fail to take precautions or give them an opportunity to opt out, you an hardly complain when you are held accountable” ~Areva Martin (author of “The Everyday Advocate”)
But others disagree saying we live in a highly ‘sue happy’ society, that because STD’s are so common, it could clog up our court system. Pointing out that a ‘better fix’ than suing would be better sex education.
Now. What made her case ‘news worthy’ was the type of STD she had. HPV is difficult to prove transmission by a specific sexual partner because there is no HPV test for men and they can be carriers with out ever experiencing symptoms. As well as it can lie dormant for years in a female, causing no symptoms or problems.
For the purpose of this CQW, I’m not wanting to dwell on which STD. Just the over-all question of would YOU sue over an STD?
I was actually super surprised, when I researched this article and the facts surrounding the case, to discover how many people when asked this question said- NO. Saying various statements like- the ruling seemed “over the top”, it was “unfair”. One person even said something to the effect of- sometimes bad things happen to good people and you have to roll with it rather than look for people to blame.
Right. Hmm…..
The case has sat with me. I’ve read both sides (as best you can, neither of them have ever given interviews, it’s just what is court documented) as well as the ‘for’ and ‘against’ points of views. I think in this day and age, with STD’s being as widespread and ‘common’ (ack- I hate to use that term) as they are. If someone willfully gives another an STD- as in KNOWS they have it and never make their sexual partner(s) aware of it- then YES. That person should be held accountable. Not taking accountability for one’s actions is a rather big character flaw in my opinion. It’s something we teach our children, it’s something I expect from other adults.
Now the question that comes up in my mind though is *would I*. That I’m not sure about. I’m inclined to say I probably wouldn’t. I’m not someone who likes to be involved in the court system. I am the utter opposite of ‘sue happy’. It just probably wouldn’t be in my nature to take such action.
Would YOU?
*****
HAPPY HUMP DAY!!!
~ xo
























Jas
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August 25th, 2010 at 1:19 am
I definately think we live in a “sue happy” society. So I would say I don’t believe I would. A bit like you, not my nature. It’s up to me to protect myself in general.( Accountability) I guess where it gets blurry is if the other person knows that they have an STD and you are unaware of the fact or told that they are all clear, more of a deception of soughts… Tough Question
PCAugust 25th, 2010 at 3:56 am
For me, it depends. This whole “sue happy” thread is kind of irritating. Criminals can sue for tripping over a water hose when they’re robbing your house. That comes to mind when I think of how stupid things have gotten. But if someone has an STD or even HIV, let’s say, and then transmits it to me without disclosing they have it… That definitely falls into the category of responsibility and culpability. If they had prior knowledge or suspicion, then I would definitely be angered and seek some form of retribution. If they had no knowledge, I’d probably be inclined to just deal with it.
AlfieAugust 25th, 2010 at 5:15 am
I think it should read:
“If you engage in conduct that you know can cause you harm, and fail to take precautions, you can hardly complain when you catch something.”
Whatever happened to personal responsibility?
Professor FateAugust 25th, 2010 at 5:33 am
Both parties are responsible for their actions.
I believe that partners in any sexual relationship should have this conversation. If you cannot have this conversation, you shouldn’t be having sex. I think lying about you STD status should be a felony [I know it would be a "he said/she said" or any of the variants type of thing].
For me, one night stands require a condom. Yes, it is less fun but I want to minimize my chances of getting a door prize. For a long term relationships, we both get tested before stopping condom use.
AuroreAugust 25th, 2010 at 5:59 am
PC: I don’t know about the laws where you are but here in Canada if you are HIV positive and knowingly infect someone without disclosing your status that’s a crime. People have been incarcerated for it.
As for if I would sue. No. Particularly not for something like HPV. I am responsible for me and if I choose to act in a way that puts my health in danger – I think I need to accept the responsibility. Of course it’s impossible to be 100% safe so disclosure is essential but people lie.
Barefoot DreamingAugust 25th, 2010 at 6:15 am
I think it does say something for responsibility- if that man out right knew then….. yeah
p.s. that bottom pic gives me the shivers- hate having fingers shoved in my mouth- gag
PCAugust 25th, 2010 at 6:22 am
All I know is we had to disclose to our babysitter, the other weekend, that our daughter was recovering from pneumonia.
Four weeks ago I had a presentation to give. I informed folks, before hand, I was sick. I gave my presentation and then left.
If you’ve got something, you disclose it. That’s always the responsible thing to do. If they choose to stay and play or participate, then they’ve made their choice. But they have to be given their chance to decide.
VixenAugust 25th, 2010 at 6:53 am
Jas- that is the issue for me too. Is if the person purposely keeps important information about having an STD to themselves and isn’t honest about it.
PC- yes, you and I feel the same way on this topic. :)
VixenAugust 25th, 2010 at 7:33 am
Alfie, I guess the problem is that you can still contract an STD even with the use of protection. So to say bc you had sex and contracted something bc someone didn’t tell you, it’s your own fault…. Is a bit like saying bc you were driving your car and were rear ended, it’s your own fault bc you were in your car in the first place.
I dunno…. I appreciate your input. :)
VixenAugust 25th, 2010 at 7:33 am
Prof Fate- yes. I agree with everything you said regarding this.
VixenAugust 25th, 2010 at 7:34 am
Aurore- the HPV part makes it tricky and I have to agree with you.
What you said about Canadian laws and incarceration. There have been lawsuits won here in the states that went down the same way.
VixenAugust 25th, 2010 at 7:36 am
BD- oh really?! Gah….there is nothing hotter than my lovers fingers having been in me and then having me suck on them. It gets me all hot and bothered just thinking about it. *ahem*
VixenAugust 25th, 2010 at 7:37 am
PC- yes honey, responsibility and accountability. Two major things we both feel are quite important.
DanielleAugust 25th, 2010 at 7:38 am
I would not sue, and I agree with both sides. I think it shouls be disclosed so that the other person has a choice. I also agree with the fact that we all need to be responsible when it comes to sex because there are so many STD’s that are un noticed by some.
viemoiraAugust 25th, 2010 at 8:19 am
I would not- I’m too non-confrontational. Also I would feel partially responsible for not using protection. Though I certainly feel that if someone knowingly spread an STD then the victims should have the right to sue.
ChrisYYCAugust 25th, 2010 at 8:30 am
I’m a Canadian and we are moving towards a sue happy society.
I acknowledge that there is a shared responsibility to ensure that STD’s are not spread and that everyone should practice safe sex to make sure that they are protected.
Having said that the sueing issue for me boils down to intent. If your partner knows they are infected and does not take precautions to ensure that you are safe there is an intent to infect you. Malicious behavior like that should not go unpunished even if there is a reputational impact for you. Intent = Sue.
Barefoot DreamingAugust 25th, 2010 at 12:08 pm
well see, if I WANT to do that – fine. If I take the fingers myself etc. But having them just shoved in my mouth- ick!
MinorityReportAugust 25th, 2010 at 7:03 pm
I’m torn here. On one hand I say, “Yes. If the person with the disease knew before hand and willingly put his/her partner at risk, then the infected partner has the right to sue (at least to recoup medical expenses). But then I say, where’s the responsibility of the other partner to say, “Let’s get tested before we _______?”
It’s a tough call.
But, how far can this go? What other illnesses could are “bad” enough to sue over? If I have swine flu, don’t tell anyone, and intentionally go to work and infect my coworkers can I be sued?
VixenAugust 25th, 2010 at 7:08 pm
Minority Report- you bring up a VERY valid point. One I hadn’t considered, regarding ‘other’ illnesses. How far does it go?
EmmyAugust 25th, 2010 at 7:34 pm
Great topic….and one that is close to me.
HPV? Would I sue? Nope. There are many MANY strands of HPV. And only ONE is an STD. And like you say, there is no test for men – and women can have the strand without symptoms. Hell, men can too. In fact, both sexes can have it without knowing it.
We recently discovered the person who likely infected my husband. Will we sue her? Nah. We knew the risks. We took a leap of faith – and missed. I believe you have to take some of that blame. While I would love to assign all of it onto the other person, we do take some ownership.
But that’s just me.
JanieAugust 27th, 2010 at 2:36 am
I recently read about a case where a woman is being jailed because she knowingly and intentionally infected people with HIV after she found out that she was positive. I think since that’s a life-changing, if not life-threatening disease then I would maybe not sue for myself so much as take them to court to stop them doing it to anyone else. That is irresponsible behaviour and whilst there should be some level of personal responsibility on [my] part, to not inform someone of something as important as that is very very wrong.
Your average STI however, I think I would just leave it. I’d be angry if they’d known about it, but these things happen. There’s a massive stigma on STIs, really it’s only like catching a cold off someone. You try not to get sneezed on and they’ll cover their mouth when they cough but there’s always that chance that hanging out with them will mean you end up with a cold as well!
I’m rambling anyway, good topic!
xoxox
BilingualAugust 29th, 2010 at 1:56 am
After reading the opinion in the article you linked I think it sounds like he did it on purpose.
Emmy’s correct that there are many strands of HPV, but is incorrect in saying that only one is an STD. About forty types are transmitted sexually. Gardasil covers the four most common.
And what is “the average STI”? More than a few strains of HPV cause cancer and can kill you or at the very least cause serious health problems. Even the low risk types that only cause bumps are a pain to deal with from what I’ve been told by friends who, sorry to say, have firsthand knowledge. It’s not like the common cold where you have it for a week and it goes away. And that is where I would draw the line for suing. Potential long-term health concerns or an incurable virus (both of which are true here)? Yep. This is not chlamydia. Neither is Herpes. Neither is Hep. Neither is HIV/AIDs.
The fact is, once you have it, while you may not have symptoms your whole life, or ever, you can still spread it to someone who will. It’s something you have to disclose and it is a big deal. You don’t get to decide if that’s “need-to-know” information for your significant other. If a man knows he has it (because men do show symptoms and if I’m not mistaken it CAN actually get cancer from it) or if he’s been exposed to someone who had it, he’s gotta disclose it. So does a woman, naturally.