I got HPV from my boyfriend. I just had a colonoscopy done. They found the HPV warts attached to my hemorrhoids. They also found a spot next to a hemorrhoid. They said it's cancer which is infact was caused by the HPV virus they found in my colon. What if any thing can I do legally to him? He said he's had the wart since the Navy but claims he never knew he had HPV. Yet, when I first broke out with the HPV, and did my research to find that the wart on his penis was caused from the HPV; he denied having HPV. My first outbrake, in my cervix, was 3 years after I was with him. My 2nd outbrake in my cervix, 3 more years later and then 2 to 3 more times within 1 to 1-1/2 years. My OBGYN said that my boyfriend gave the HPV to me. I don't know yet how bad it is in my colon. Nor, if they can get it all out or how long I have to live. He's took my life from me. I now have a death sentence because of him.
State/Country relating to question: New York
Is this a Federal or a State case?: Don't Know / Not Applicable
Age of the Defendant: 59
Is this regarding the First Arrest?: No
Is the defendant a US Citizen? : US Citizen
Presently incarcerated?: No
Already convicted?: No
On Probation or Parole? : Don’t Know
Research, research more research and the answers the doctors tell me.
Thank you for your question. You may be able to sue him under tort (civil) law for a battery for the emotional trauma and humiliation you have suffered, as well as pain and suffering. You would have to show that he at least negligently, if not intentionally infected you with an STD. At the very least, he should have gotten tested, especially after you developed symptoms. And, if you can show that he actually knew he had an STD, he can be guilty of a crime. In New York State, a person that has a sexually transmitted disease has a legal duty to disclose it to his or her partner prior to sexual contact. New York Public Health Law §2307 provides that "[a]ny person who, knowing himself or herself to be infected with an infectious venereal disease, has sexual intercourse with another shall be guilty of a misdemeanor." This may be harder to prove since he claims he had no knowledge of having HPV, and if he never got tested, he may not have. With respect to a civil suit, you need to contact a personal injury lawyer to discuss the matter further. Typically, such cases are taken on contingency, meaning you pay no fees or costs unless there is a recovery for you. Before you click accept, please make sure you have no other questions or do not require additional information. If you do not, please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept (even if you put down a deposit or have a subscription). A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further. Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback. DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
But when I broke out, he was told he gave it to me. He did absolutely nothing to rectify the problem. He did not go to any doctor in regard to it or even care to. All he did was deny it. This time, when the doctor refused to clean my cervix out, he was told again about it. Now he wants to see what he can do to recitify it but, for me it's too late. So, now he's basically admitting to having it. I now have colon cancer because of it. He gave me a death sentence.
The question for a prosecutor, from a legal standpoint, is did he know before you broke out, and more importantly, can that be proven? If he knew he had it, and chose to have sexual intercourse and put you at risk, then he is guilty of a misdemeanor under New York law. But if he didn't know, he can't be found guilty under the law, because the statute provides that a person knowingly transmitted the disease. Certainly he was negligent, but that only matters from a civil perspective, not criminal, unfortunately.
Experienced in multiple areas of the law.
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