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LawHelpNow
LawHelpNow, Attorney/Lawyer
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A man seduced me with lies and transmitted a sexual disease

Resolved Question:

A man seduced me with lies and transmitted a sexual disease that puts me at risk for cancer. Can I sue him for damages?
Submitted: 4 years ago.
Category: Legal
Expert:  LawHelpNow replied 4 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I am sorry for your predicament, and I truly hope that everything works out appropriately for you in this matter. I am also a practicing nurse, and judging by the context of your question I am guessing you may have been exposed to the Human Papillomavirus (HPV).
  2. Turning to the crux of your inquiry, Connecticut is among a minority of state jurisdictions lacking a criminal statute addressing such situations. Thus, from a criminal standpoint your remedy would be to report the exposure to your local law enforcement authorities. However, it rests within the discretion of the police whether or not to open an investigation. Likewise, the prosecutor would solely have the discretion concerning the decision of whether or not to prosecute this man. There have been some civil cases awarding monetary damages in situations similar to yours, so that would be the remaining option to consider. Such causes of action are based on a theory of negligence, so your best course of action would be to confer with a plaintiffs' trial attorney in your area.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 4 years ago.
Please clarify "Theory of Negligence" for me please. The Defendant distinctly lied to me when I asked if he had any STDs. "No," was his answer. "I've been tested and I'm clean." ... I did not ask to see medical records. In reality, he DID have an STD that put me at risk for cervical cancer. I was diagnosed with "moderate" pre-cancerous cells and had a large part of my cervix surgically removed. I recently read that that the STD can cause anal cancer. So I am at risk for that too. All because he knowingly lied to me. He's has used many, many lies to slither away from being held accountable for his actions. ... Is this "Negligence" on his part? No, his intent was not to harm me. But he intentionally gave me false information regarding his sexual health. ... I am at risk for the rest of my life because of this. In your opinion (not official, etc.) In your opinion, do I have a legitimate reason to bring a civil action against him for damages? ... I understand I should speak to a lawyer about this, but I ask you first to find out if it's a reasonable case. .... Thank you for your help. I appreciate it very much.
Expert:  LawHelpNow replied 4 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

I will be glad to comment further. I do ask that you kindly press "Accept" to process my answer.

 

Yes, especially in light of the additional facts you have shared here, I do think you have grounds to explore your options. Here is what I mean by that statement. I do hope that things go very well in terms of your health, but you sound very knowledgeable and I suspect you already know the harsh reality. Some 90% of cervical cancers are caused by HPV, and you have already suffered damages and undergone major medical treatment. That in and of itself certainly justifies at least having a lawyer take a hard look at your case. It will cost nothing to have such a review performed, so I would urge you to take that initial step. On the downside, your major obstacle here will be the matter of proof -- i.e. showing by a preponderance of the evidence that this defendant transmitted this disease to you. The most appropriate cause of action I would foresee under this circumstances is the tort known as "Intentional Infliction of Emotional Distress". I do not want to pull any punches here -- prevailing in such a case is not at all an easy endeavor. Given all of the circumstances, however, I think you owe it to yourself to have a reputable attorney consider your case.

 

I hope things get resolved appropriately for you in this matter. Please do not hesitate to write back if needed. I shall be signing off my computer soon for the night, but I will be sure to check for any updated posts from you when I return to this online forum.

 

Take care and thanks again for choosing JustAnswer®!

 

Customer: replied 4 years ago.
Thank you for your reply.

I believe the TXXXXX XXXXXes somewhere between Intentional Infliction and Negligence on his part. I believe that HE firmly believed his own lie: that he was STD-free. He has a history of pathological lying — yet another circumstance that is difficult to prove. Maybe not, I don't know. Many instances are coming to light about his pathological behavior over the past 30 years. (He's a predator. His victims have similar profiles. He stalks them, lies and seduces them. He drops them without remorse, and moves on to the next.)

The emotional distress is awful, but the reality of my physical health for the rest of my LIFE is what I believe he needs to be brought to justice for. He needs to be held accountable. In the meantime, he continues to spread the virus to other unwitting victims. There's a clear injustice here.

Thank you for your thoughts and I will definitely contact a reputable attorney.

Regards.
Expert:  LawHelpNow replied 4 years ago.

Hi there,

 

You are most welcome -- it was my pleasure. I commend you for being concerned about the welfare of others as well.

 

Take care and thanks again for choosing JustAnswer®!

 

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
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