The world has changed. At one time, sexually transmitted diseases (STD’s) were something that could be taken care of with a shot. Today, they can cause lifelong pain and suffering, susceptibility to disease and even death. Sobering thoughts.
Even though we all understand that STDs are a risk in any intimate relationship, we also expect that a sexual partner would have the decency to disclose they have a STD. More often than not, diseases are transmitted knowingly by a partner that selfishly is thinking about their own satisfaction, rather than disclosing the existence of the STD and attempting to take some form of precaution.
Fortunately, for Washington residents, our legislature has recognized this problem and has created a right of action against the person who transmitted the disease. STDs, under this statute are defined as:
"... a bacterial, viral, fungal, or parasitic disease, determined by the board by rule to be sexually transmitted, to be a threat to the public health and welfare, and to be a disease for which a legitimate public interest will be served by providing for regulation and treatment. The board shall designate chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), trachomitis, genital human papilloma virus infection, syphilis, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency virus (HIV) infection as sexually transmitted diseases, and shall consider the recommendations and classifications of the centers for disease control and other nationally recognized medical authorities in designating other diseases as sexually transmitted."
Under this law, a person who is the victim of negligent or intentional transmission of a sexually transmitted disease can hold the wrongdoer accountable in court. In the case of negligent transmission of a STD, they can receive an award of $1,000. In the case of intentional transmission they can receive an award of $10,000. In addition, victims are permitted to recover their attorneys fees, court costs and other damages available under the law. Courts that have interpreted this series of statutes have held that the minimum amounts set forth by the statute are for each sexual act that resulted in STD transmission. In other words, in the case of the intentional transmission of a STD, the amount of damages would be calculated as follows:
(number of sexual acts that resulted in transmission) x $10,000 + attorneys fees + court costs + health care expenses + emotional distress damages = award
Nothing will ever make you whole after contracting a STD. This statute at least allows you to hold the wrongdoer accountable.
Nothing in this Blog should be considered legal advice or to form an attorney client relationship. Individuals with legal problems should consult an attorney who can tailor their advice to your unique circumstances.
Even though we all understand that STDs are a risk in any intimate relationship, we also expect that a sexual partner would have the decency to disclose they have a STD. More often than not, diseases are transmitted knowingly by a partner that selfishly is thinking about their own satisfaction, rather than disclosing the existence of the STD and attempting to take some form of precaution.
Fortunately, for Washington residents, our legislature has recognized this problem and has created a right of action against the person who transmitted the disease. STDs, under this statute are defined as:
"... a bacterial, viral, fungal, or parasitic disease, determined by the board by rule to be sexually transmitted, to be a threat to the public health and welfare, and to be a disease for which a legitimate public interest will be served by providing for regulation and treatment. The board shall designate chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), trachomitis, genital human papilloma virus infection, syphilis, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency virus (HIV) infection as sexually transmitted diseases, and shall consider the recommendations and classifications of the centers for disease control and other nationally recognized medical authorities in designating other diseases as sexually transmitted."
Under this law, a person who is the victim of negligent or intentional transmission of a sexually transmitted disease can hold the wrongdoer accountable in court. In the case of negligent transmission of a STD, they can receive an award of $1,000. In the case of intentional transmission they can receive an award of $10,000. In addition, victims are permitted to recover their attorneys fees, court costs and other damages available under the law. Courts that have interpreted this series of statutes have held that the minimum amounts set forth by the statute are for each sexual act that resulted in STD transmission. In other words, in the case of the intentional transmission of a STD, the amount of damages would be calculated as follows:
(number of sexual acts that resulted in transmission) x $10,000 + attorneys fees + court costs + health care expenses + emotional distress damages = award
Nothing will ever make you whole after contracting a STD. This statute at least allows you to hold the wrongdoer accountable.
Nothing in this Blog should be considered legal advice or to form an attorney client relationship. Individuals with legal problems should consult an attorney who can tailor their advice to your unique circumstances.
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