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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98969
Experience:  Lawyer
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My daughter was infected by hepes by her boyfriend - after

Customer Question

My daughter was infected by hepes by her boyfriend - after they have been in relationship for 6 months. she is devastad. Is tehre any legal action she should take - even for moral distress and suffering?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Did he know he had herpes at the time and did you tell her?

Customer: replied 1 year ago.
I don't know if he knew... He just told her to be quiet about it..
Expert:  Debra replied 1 year ago.

When she told him did he act surprised?

Customer: replied 1 year ago.
I will ask her... He took her to the clinic nearby... She was prescribed treatment but then he would take her to treatment only sporadically... (he lives in a city she does not kno well so was dependant on him0
Expert:  Debra replied 1 year ago.

Let me explain. Then you can explain it to her.

If he knew that he had herpes and did not tell her and did not take any steps to protect her then she can sue him. This is a civil tort, in other words a civil wrong doing. He hurt her knowing that he was going to do so without telling her. And she can sue him for damages.

As well, this can be considered to be a criminal offence. It is a form of assault. So, she can report this to the police and asked to have him charged.

I suggest that is hernext step, without telling her boyfriend, she consult with a lawyer in her city face to face. If you let me know her province I can explain how she can find a lawyer.

Customer: replied 1 year ago.
She thinks he was not surprised - more like "as a matter of fact" approach...
Customer: replied 1 year ago.
It is unknown if he is getting any treatment
Customer: replied 1 year ago.
She is in Ontario
Expert:  Debra replied 1 year ago.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

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